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Full text of "North Carolina Register v.3 no. 8 (7/15/1988)"



RECEIVED 

JUL :-•• 1988 
LAW LIBRARY 



The 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



FINAL DECISION LETTER 



now 



PROPOSED RULES 

Agriculture 

Human Resources 

Justice 

State Personnel 

State Treasurer 



LIST OF RULES AFFECTED 



ISSUE DATE: JULY 15, 1988 



Volume 3 • Issue 8 • Pages 295-347 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North 
Carolina Register is available by yearly subscription at 
a cost of ninety-five dollars ($95.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 11666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
tiled with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 da 
whichever is less. An agency adopting a temporary n 
must begin normal rule-making procedures on the p 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing boar 
The NCAC comprises approximately 15,000 letter si 
single spaced pages of material of which approxima 
ly 35% is changed annually. Compilation and publi 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Ea 
state agency is assigned a separate title which is fi 
ther broken down by chapters. Title 21 is designat 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimi 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents ($0. 15) per ea 
additional page. 

(2) The full publication consists of 52 volum 
totaling in excess of 15,000 pages. It is si 
plemented monthly with replacement pages 
one year subscription to the full publication 
eluding supplements can be purchased 
seven hundred and fifty dollars ($750.00). 
dividual volumes may also be purchased w 
supplement service. Renewal subscriptions 
supplements to the initial publication availal 

Requests for pages of rules or volumes of the NC 
should be directed to the Office of Administrat 
Hearings. 

NOTE 

The foregoing is a generalized statement of the p 
cedures to be followed. For specific statutory langua 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, iss 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198 



I 



« 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant Lo Chapter 150B of the General Statutes. 
Subscriptions ninety-five dollars ($95.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



< 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. (). Drawer 11666 

Raleigh, SC 27604 

(919) 733 - 2678 



Robert A. Mclott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Mason, 

Assistant Director 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 
I^atarsha Roberts, 

Records Clerk 



ISSUE CONTENTS 



FINAL DECISION LETTER 

Voting Rights Act 295 



II. PROPOSED RULES 
Agriculture 

Structural Pest 

Control Committee 296 

Human Resources 

Health Services 296 

Medical Assistance 303 

Justice 

Criminal Justice Education 

and Training Standards 304 

Private Protective Services 303 

State Personnel 

State Personnel Commission 333 

State Treasurer 
Escheats and Abandoned 

Property 328 

III. LIST OF RULES AFFECTED 

July 1, 1988 335 

IV. CUMULATIVE INDEX 345 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(March I9SS - March 1989) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


******** 


******** 


******** 


******** 


******** 


08 01/88 


07/11/88 


07/18/88 


08/31/88 


1201, 88 


08 15 88 


07/26/88 


08/02/88 


09/14/88 


12/01/88 


09 01 SS 


08/11/88 


08/18/88 


10/01/88 


01/01/89 


09/15,88 


08/26/88 


09/02/88 


10/15/88 


01/01/89 


10/03/88 


09/12/88 


09/19/88 


11/02/88 


02/01/89 


10'14''88 


09/26/88 


10/03/88 


11/13/88 


02/01/89 


1 1 01, 88 


10,11/88 


10/18/88 


12/01/88 


03/01/89 


11 15 88 


1026 88 


11/02/88 


12/15/88 


03/01/89 


12/01 88 


11 0788 


11/15/88 


12/31/88 


04/01/89 


12/15/88 


11/23/88 


12/02/88 


01/14/89 


04,01/89 


01 02/89 


12 08/88 


12/15/88 


02/01/89 


05/01 ; 89 


01/16 89 


12/27/88 


01/03/89 


02/15/89 


0501/89 


02 01/89 


01.10 89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01,26,89 


02/02/89 


03/17/89 


06/01/89 


03/01/89 


02/08/89 


02/15/89 


03/31/89 


07/01/89 


03/15/89 


02,21/89 


03/02/89 


04/14/89 


07/01/89 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency fdes the rule with The Administrath-e Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. 120-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

WBR:LLT:TCL:ez 

DJ 166-012-3 Voting Section 

T9544-9548 P.O. Box 66128 

Washington, D.C. 20035-6128 

June 23, 1988 

David A. Holec, Esq. 

City Attorney 

P.O. Box 1388 

Lumberton, North Carolina 28359-1388 

Dear Mr. Holec: 

This refers to the April 4, 1988, annexations to the City of Lumberton in Robeson County, North 
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, 
as amended, 42 U.S.C. 1973c. We received your submission on April 25, 1988. 

The Attorney General does not interpose any objection to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



Gerald W. Jones 
Chief, Voting Section 



NORTH CAROLINA REGISTER 295 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF 
AGRICULTURE 

iV otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. Department of Agriculture, 
Structural Pest Control Committee intends to re- 
peal regulation cited as 2 NCAC 34 .100 1 . 

1 he proposed effective date of this action is No- 
vember I, 1988. 

1 he public hearing will be conducted at 1:00 
p.m. on August 17, 1988 at Hall of Fame, Rm. 
101 A, Agriculture Building, 1 W. Edenlon Street, 
Raleigh, N.C. 

y^omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to David S. McLeod. Chairman 
of the Structural Pest Control Committee, P.O. 
Box 27647, Raleigh, North Carolina 2761 1. 

CHAPTER 34 - STRUCTURAL PEST CONTROL 
DIVISION 

SECTION .1000 - TIME FOR FILING 
COMPLAINTS 

.1001 TIME FOR FILING COMPLAINTS 
(REPEALED) 



writing or calling John P. Barkley, Agency Legal 
Specialist, Division of Health Services, P.O. Box 
2091, Raleigh, North Carolina 27602-2091, (919) 
733-3134. Written comments on these rule 
changes may be sent to Mr. Barkley at the above 
address. Written and oral comments (no more 
than ten minutes for oral) on these rule changes 
may be presented at the public hearing. Notice 
should be given to Mr. Barkley at least three days 
prior to the public hearing if you desire to speak. 

CHAPTER 4 - HEALTH SERVICES: OFFICE OF 
THE DIRECTOR 

SUBCHAPTER 4C - PAYMENT PROGRAMS 

SECTION .0300 - ELIGIBILITY PROCEDURES 

.0303 PAYMENT LIMITATIONS 

(b) The State Health Director may limit pro- 
gram benefits for inpatient care that can be au- 
thorized when the total amount of outstanding 
authorizations, plus the estimated authorizations 
for the remainder of the fiscal year, less estimated 
cancellations, exceeds 90 percent of the pro- 
gram's cash balance. 

Statutory Authority G.S. BOAS; BOA- 124; 
B0A-127; BOA-129: B0A-177; BOA-205. 

CHAPTER 7 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 7F - VETERINARY PLBLIC 
HEALTH 



Statutory Authority G.S. 106-65.29. 

TITLE 10 DEPARTMENT OF HUMAN 
RESOURCES 

iV otice is hereby given in accordance with G.S. 
BOB- 12 that the Division of Health Services in- 
tends to amend regulations cited as 10 NCA C 4C 
.0303; 10 NCAC 7F .0107; 10 NCAC 8F .0111; 
10 NCAC 10 A .0309; 10 NCAC 10D .0702, 
.1006, .1313, .1622, .1624 - .1625, .1627, .2604; 
10 NCAC 10F .0030, .0032 - .0033. 

1 he proposed effective date of this action is De- 
cember I, 1988. 

1 he public hearing will be conducted at 1:30 
p.m. on August 17, 1988 at Archda/e Building. 
Hearing Room (Ground Floor), 512 North 
Salisbury Street, Raleigh, North Carolina. 

Comment Procedures: Any person may request 
information or copies of the proposed rules by 



SECTION .0100 - VETERINARY PLBLIC 
HEALTH PROGRAM 

.0107 APPROVED RABIES VACCINES 

The following rabies vaccines are approved for 
use in animals in this State: 
(24) EPIRAB (Coopers Animal Health, Inc.) 

Statutory Authority G.S. I30A-185. 

CHAPTER 8 - HEALTH: PERSONAL HEALTH 

SUBCHAPTER 8F - SICKLE CELL SYNDROME: 

GENETIC COUNSELING: DEVELOPMENTAL 

DISABILITIES BRANCH 

SECTION .0100 - SICKLE CELL SYNDROME 
PROGRAM 

.01 1 1 MEDICAL SERVICES PROVIDED 

(b) If an individual meets the eligibility re- 
quirements, he shall be provided the following 
medical services: 

(1) For individuals below the age of 21, all 
outpatient and all inpatient care shall be 
paid for by the Crippled Children's Spe- 



296 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



rial Health Services Program, 



including 
For indi- 



all hospital and physician fees 
viduals 21 years of age and older, all out- 
patient ttft4 aH inpatient care shall be paid 
for by the Sickle Cell Syndrome Program. 
For individuals 21 years of age and older, 
all inpatient care, limited to no more than 
five days of care per hospitalization, shall 
be paid for by the Sickle Cell Syndrome 
Program. 

Statutory Authority G.S. I43B-193. 

CHAPTER 10 - HEALTH SERVICES: 
ENVIRONMENTAL HEALTH 

SUBCHAPTER I0A - SANITATION 

SECTION .0300 - SANITATION OF LODGING 
PLACES 

.0309 TOILETS: LAVATORIES: LOCKER 
ROOMS: AND BATHS 

(a) livery establishment shall be provided with 
adequate) toilets, lavatory, an4 bathing facilities 
conveniently locat e d, readily accessibl e , a«4 con 
forming with the State Building Cod e , Volum e 
14-r which it. adopt e d by reference (see .0317 ef 
this Section). Adequate toilet aw4 lav atopy faoil 
ities shall be provided fof employees. ?4w» lava 
tefy aft4 bathing facilities shall includ e b«t an4 
cold running wat e r under pressure, individual 
tow e ls, aftd s oap. Fmployecs locker rooms shall 
be kept cl e an, paint e d an4 orderly. Toil e t aft4 
wash rooms shall ha weU lighted a«4 ventilated 
te the outside aif through windows, through 
ducts having cross sectional areas e£ at l e ast H 
squar e inches, ef through mechanical systems. 

the minimum si/.ed toilet w orn containing e«e 
commod e an4 sua lavatory, »f ©we commodo 
aw4 ww urinal, a«4 shall contain 44 square feet 
in- addition fof each additional plumbing fixtur e . 
Floors, walls, an4 ceiling s shall ha construct e d 
ef- smooth, non absorbent, washable materials; 

m. p ■ I 1 " I * fi ■ i i *i < ■ ' - ' i i .' 1 1 K 1 i . il i t ,^ih ir.i.l \i;.ii.-l>'it-.l.\ ri'.mt 
LI 1 1U1I I 'VJ I '111 1 1 (LU ttTTTT II i^t 11 L'U 11 .' 1 L'U TTTIT II IVITT IV jTOTTTT 

unless finished i» tife ef e qual; a«4 shall be k e pt 
cl e an a«4 i» good r e pair. Fixtur e s sbal4 be kept 
cl e an aft4 i» gee4 repair. 

(b} (a} fe the ease ef Hew establishments Baths 
shall be provided for each room or unit in new 
establishments. 

(©) liquid Wastes. All sewage a»4 othe r liquid 
wastes shall be dispos e d »f i» a p ublic s e w e r sys- 
tem- »Ft » the absence ef a public sewer syst e m, 
by a sanitary sewage disposal method approved 
as provided i» "Sewage Disposal Systems," 44} 
NCAC 44A Am^ wbfeb is atk»f>te4 by i 
(see .0317 ef this Section) . 



(b) All lavatory and bathing facilities shall in- 
clude hot and cold running water under pressure, 
individual towels, and soap. Floors and walls 
shall be constructed of smooth, non-absorbent, 
washable materials. 



(c) Floors, walls, and ceilings shall be kept 
clean and in good repair. 

(d) All sewage or waste waters shall be disposed 
of in an approved sanitary sewage system that is 
found to be properly operating. 

Statutory Authority G.S. 130A-248. 

SUBCHAPTER 10D - WATER SUPPLIES 

SECTION .0700 - PROTECTION OF PUBLIC 
WATER SUPPLIES 

.0702 DEFINITIONS 

(30) "Public water system" 

(a) "Public Water System" means a system for 
the provision to the public of piped water 
for human consumption if such the sys- 
tem has at least serves 1 5 or more service 
connections or which regularly serves an 
average of at least 25 individuals daily at 
least 60 days out of the year. Two or 
more water systems that are adjacent and 
are owned or operated by the same sup- 
p lier of water and that together serve 15 
or more service connections or 25 or more 
persons [s a public water system. Such 
The term includes: 

(i) any collection, treatment, storage, and 
distribution facility under control of the 
operator of such system and used prima- 
rily in connection with such system; and 

(ii) any collection or pre-treatment storage 
facility not under such control which is 
used primarily in connection with such 
system. 

(b) A public water system is either a "com- 
munity water system," a "non-community 
water system" or a "non-transient, non- 
community water system": 

(i) "Community Water System" means a 
public water system which serves 15 or 
more service connections or which regu- 
larly serves at least 25 year-round resi- 
dents. 

(ii) "Non-Community Water System" me- 
ans a public water system which is not a 
community water system. 

(iii) "Non-transient, non-community water 
system" means a public water system that 
is not a community water system and that 
regularly serves at least 25 of the same 
persons for six or more months per year. 



NORTH CAROLINA REGISTER 



297 



PROPOSED RULES 



Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 
141. 

SECTION .1000 - WATER SUPPLY DESIGN 
CRITERIA 

.1006 DISTRIBUTION SYSTEMS 

(b) Cross-Connections 
(7) No person shall fill special use tanks or 
tankers containing pi Guides, fertilizers, 
other toxic chemicals or their residues 
from a public water system except at a 
location equipped with an over-the-rim 
free discharge of water or an approved re- 
duced pressure backflow preventer prop- 
erly installed on the public water supply. 
No supplier of water shall permit the fill- 
ing of such special use containers except 
at locations so equipped. 

Statutory Authority G.S. 130A-315; 130A-317; 
P.L. 93-523. 

SECTION .1300 - PROTECTION OF FILTERED 
WATER SUPPLIES 

.1313 GROUND ABSORPTION SEWAGE 
COLLECTION: TREATMEN T/DISP 
SYSTEMS 

(a) No facility, including but not limited to a 
residence, mobile home, mobile home park, 
multi-unit building or dwelling, place of business 
or place of public assembly on a lot located on 
a watershed of a class I or class II reservoir or on 
the watershed of the portion of a stream classified 
as WS-I, WS-II or WS-III extending from a class 
I reservoir to a downstream intake of a water 
purification plant shall use a ground absorption 
sewage disposal system unless al! of the following 
criteria are met: 

( 1 ) The lot includes at least 40,000 square feet, 
except as provided in Subparagraphs 
(a)(2) and (a)(3); 

(2) The lot shall include enough total area to 
equal an average of 40,000 square feet per 
residential dwelling unit for a multiple 
unit residential building or mobile home 
park; 

(3) The lot shall include enough total area to 
equal an average of 40,000 square feet pef 
each 1250 gallons ef wastewater generated 
e ach 4ay for each business within a mul- 
tiple unit place of business or place of 
public assembly. 44%e anticipated waste 
water generated shall be determined m 
accordance w+tb 44 NCAC 4£A 4»4% 

(4) Other types ©f development shall include 

enough total a?e» to equal a» average ef 
10,000 square feet pet residential dwelling 



(5) 
(6) 



tmit aft4 at- least '10,000 square feet pef 
each 1250 gallons ef wastewater generated 
each day by oach business &f place ef 
public assembly . The lot for any business 
or place of public assembly for which the 
anticipated wastewater generated exceeds 

1250 gallons per dav will require an addi- 
tional 40,000 square feet of area for each 
additional 1250 gallons per day or portion 
thereof. The anticipated wastewater gen- 
erated shall be determined in accordance 
with 10 NCAC 10A .1949. 

The lot size requirement shall be deter- 
mined by excluding streets; and 
Compliance with all other applicable state 
and local rules and laws is achieved. 



Statutory Authority G.S. 130A-315; 130A-320; 
P.L. 93-523. 

SECTION .1600 - WATER QUALITY 
STANDARDS 

.1622 MICROBIOLOGICAL CONTAMINANT 
SAMPLING AND ANALYSIS 

(j) Two or more water systems that are adja- 
cent and are owned or operated by the same 
supplier of water and that together serve 15 or 
more service connections or 25 or more persons 
and which were in operation on or before July 
31, 1987 shall conform to the following sampling 
schedule rather than the schedule set forth in 
Paragraphs (b), (c), and (e) of this Rule. A water 
supplier shall submit samples monthly from each 
section of the water svstem supplied from a sep- 
arate source. 

Authority G.S. 130A-315: P.L. 93-523; 40 C.F.R. 
141. 

.1624 ORGANIC CHEMICALS OTHER THAN 
TTHM: SAMPLING AND ANALYSIS 

(d) Analyses made to determine compliance 
with Rule .1615(1) and (2) of this Section shall 
be made in accordance with methods adopted by 
the United States Environmental Protection 
Agency and codified as 40 C.F.R. 141.24 (e) and 
(f), which are hereby adopted by reference as 
amended through March 44r 1983. in accordance 
with G.S. 150B- 14(c). A list of these methods 
is available from the Public Water Supply 
Branch, Environmental Health Section, Division 
of Health Services, P.O. Box 2091, Raleigh, N.C. 
27602. 

Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 
141. 

.1625 INORGANIC CHEMICAL SAMPLING 



298 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



AND ANALYSIS 

(g) Two or more water systems that are adja- 
cent and are owned or operated by the same 
supplier of water and that together serve 15 or 
more service connections or 25 or more persons 
and which were in operation on or before July 
31, 1987 shall conform to the following sampling 
schedule rather than the schedule set forth in 
Paragraph (a) of this Rule. A water supplier 
shall submit samples every three years from each 
section of the water system supplied from a sep- 
arate source. 

Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 
141. 

.1627 MONITORING FREQUENCY FOR 
RADIOACTIVITY 

(c) Two or more water systems that are adja- 
cent and are owned or operated by the same 
supplier of water and that together serve 15 or 
more sendee connections or 25 or more persons 
and which were in operation on or before July 
31, 1987 shall conform to the following sampling 
schedule rather than the schedule set forth in 
Paragraphs (a) and (b) of this Rule. A water 
supplier shall take samples for gross alpha parti- 
cle activity, radium-226 and radium-228, and lor 
man-made radioaclivitN from the water syjstem 
when the secretary determines that the system iis 
in an area subject to radiological contamination. 
WTien the sampling is required, a water supplier 
shall submit samples every four years from each 
section of the water system supplied from a sep- 
arate source. 

Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 
141. 

SECTION .2600 - LOCAL PLAN APPROVAL 

.2604 NOTICE 

(c) Upon completion of the construction or 
alteration of the distribution system, the appli- 
cant shall submit a statement to the local ap- 
proval program signed by a registered 
professional engineer and affixed with his profes- 
sional engineering seal, stating that construction 
was completed in accordance with approved 
plans and specifications and revised only in ac- 
cordance with 10 NCAC 1QD .11906. The state- 
ment shall be based upon adequate observations 
during and upon completion of construction by 
the engineer or a representative of the engineer's 
office supervised bv the engineer. The local ap- 
proval program shall provide a copy of the 
statement to the department. 



Statutory Authority G.S. 130A-317; 1985 S.L., c. 
697, s. 3. 

SUBCHAPTER I0F - HAZARDOUS WASTE 
MANAGEMENT 

.0030 STANDARDS FOR HAZARDOUS WASTE 
GENERATORS - PART 262 

(h) The appendix contained in 40 CFR 262 has 
been adopted by reference in accordance with 
G.S. 150B- 14(c); however, Items D, F, H, and I 
on the form in the appendices contained in 40 
CFR are required to be completed on the North 
Carolina \ lazardous Waste Manifest form. 

Statutory Authority G.S. 130A-294(c). 

.0032 STANDARDS FOR OWNERS/ 
OPERATORS OF HWMF'S - 
PART 264 

(a) Any person who treats, stores, or disposes 
of hazardous waste shall do so in compliance 
with the standards set forth in this Rule, and only 
after having received a permit from the depart- 
ment as required by 10 NCAC 10F .0034(b)(1), 
or having received interim status according to 10 
NCAC 10F .0034 (b)f3f (g)(1). 

(d) The provisions for "Preparedness and Pre- 
vention" contained in 44 Fetb Reg, 33,224 (1980) 
te be codified m 40 CFR 264.30 to 264.37 (Sub- 
part C) have been adopted by reference as 
amended by 44 Fe4, Reg- 2$42 (1981) an4 48 
P«4t Regr 44r 394 (1983). in accordance with 
G.S. 150B- 14(c). 

(e) "Contingency Plan and Emergency Proce- 
dures" contained in 44 Fed. R. e g. 33,224 to 
U^M I^W, to be codified m 40 CFR 264.50 
to 264.56 (Subpart D) have been adopted by re- 
ference in accordance with G.S. 1 SOB- 14(c). 

(g) The provisions for "Ground-water Pro- 
tection" contained in 40- Fod. R.og. 32,350 to 
32,356 (1982) [te be codified m 40 CFR 264.90 
to 264.101 (Subpart F) have been adopted by 
reference as amondod by 4* Fedr Reg, 14, 294 . 
(1983); sh4 40 Fe4r Reg, 28,716 &a4 28,747 
(1985). in accordance with G.S. 150B- 14(c). 

For the purpose of this adoption by reference, 
the words "the effective date" contained in 40 
CFR 264.90(a) shall be deleted and replaced with 
the phrase "January 26, 1983". 

(h) The provisions for "Closure and Post-Clo- 
sure" contained in 44 Fe4r Reg- 2,849 te 2,851, 
a«4 ;l6?s (1981) to be codified m 40 CFR 
264.110 to 264.120 (Subpart G) have been 
adopted by reference in accordance with G.S. 
150B- 14(c), as amondod bv 4? Fetb Reg, J2,i56, 
,12,357 (4-9&fo as amondod by 4S FetbRe^ 14,291 
(1983); aft4 44- Fe4. Reg, 16,414 te 16,147, 25,172 
(1986); except that 40 CFR 264.120(b) is rewrit- 



NORTH CAROLINA REGISTER 



299 



PROPOSED RULES 



ten as follows: "If at any time the owner or op- 
erator or any subsequent owner of the land upon 
which a hazardous waste facility was located re- 
moves the waste and waste residues, the liner, if 
any, and all contaminated underlying and sur- 
rounding soil, he may add a notation on the deed 
to the facility property or other instrument nor- 
mally examined during title search, indicating the 
removal of the waste." 

(i) "Financial Requirements" contained in 44 
JW. R*g. 2M± to 3t844 a«4 5458 (1081) k» be 
codifi e d » 40 CFR 264.140 to 264.151 (Subpart 
1 1 ) have been adopted bv reference as amended 
by 45 be4. Reg. 15.047 to 15.064 afi4 16.554 to 
16.558. Mto 32.357 (1982 | a«4 48 Pe4. Reg. 
3 i ),H5(10S3). aft4 54-be4.Reg. 16.4 17 to 16.451, 
25. 172. ( 1086), m accordance with G.S. 
150B- 14(c), except that 40 CFR 264.143(a)(3), 
(a)(4), (a)(5), (a)(6), 40 CFR 264.145(a)(3), 
(a)(4), (a)(5), (a)(6). 40 CFR 264.147(a), 40 CFR 
264.147(b), 40 CFR 264.151(a)(1), Section 15, 
and 40 CFR 264.151(g), and 40 CFR 
264. 151(a), (b),(c),(d),(e),(f).(h),(i). and (j) are not 
adopted by reference. 

(j) The provisions for "Use and Management 
of Containers" contained in 46 hod. R e g. 2.886 
*«4 3S& (1981) to be codified m 40 CFR 
264.170 to 264.178 (Subpart I) have been 
adopted bv reference as amended bv 46 Fed. Reg. 
55.112 (1981): aft4 40Fe4. Reg. J004 (1085). in 
accordance with G.S. 150B- 14(c). 

(k) "The provision for "Tanks" contained in 44 
be4. Res. X845, 0,848. X804. ^ 351 10 (4484) 
to be codified » 40 CFR 264.190 to 264.200 
(Subpart J) have been adopted by reference a* 
am e nd e d bv 44 Pe4. Re*. 35.2 10 (10S1); m Pe4. 
R*^ 3004 " (1085): a«4 U Fe4. Reg, 25.172 to 
25.178. aft4 20. 130 (1986). in accordance with 
G.S. 150B- 14(c). 

(1) The following are requirements for Surface 
Impoundments: 

( 1 ) The provisions for "Surface Impound- 
ments" contained in 44 Pe4 Roc. 2.868 to 
3#0 (4^844 to be codified m 40 CFR 
264.220 to 264.231 (Subpart K) have been 
adopted bv referenc e as amended 4-? Fod. 
Re*. 32.35" to 32.35 9 (1Q82); a«4 40 Petb 
Reg. 3004. 2vT, a«4 28,718 (1085). in 
accordance with G.S. 150B- 14(c). 

(2) The following are additional permitting 
standards related to surface impound- 
ments: 

( A ) A new surface impoundment shall meet 
the following minimum requirements for 
a liner system: 

(i) The liner system shall consist of at 
least two liners; 



(ii) Artificial liners shall be equal to or 

greater than 30 mils in thickness; 
(iii) Clayey liners shall be equal to or 
greater than five feet in thickness and 
have a maximum permeability of 1.0 x 
10-7 cm/sec; 
(iv) Clayey liner soils shall have the same 
characteristics as described in 
(q)(1)(B)(ii), (wfc (iv^ (vi) an4 (***} 
(gl(4)(u), (iii), (iv), (vi). and (vii) of this 
Rule; 
(v) A leachate collection system shall be 
constructed between the upper liner and 
the bottom liner; 
(vi) A leachate detection system shall be 
constructed below the bottom liner. 
(B) A hazardous waste surface impound- 
ment shall be constructed in such a man- 
ner to prevent landsliding. slippage or 
slumpmg. 
(m) The provisions for "Waste Piles" con- 
tained in 44 Pe4. Res 3t850 to 3t453 a«4 2.804 
(1081) to be codified » 40 CFR 264.250 to 
264.259 (Subpart F) have been adopted by refer- 
ence as amended bv 44 J5e4. Res. 55.1 12 (1981); 
45 be4. Re*. 32,359 to 32.361 ^ (1082); a«4 §0 
b*0- Reg. 3004 aft4 28,7 1 8 (1085). in accordance 
with G.S. 150B- 14(c). 

(n) The provisions for "land Treatment" 
contained in 45 £e4. R«g. 32,361 to 32.365 
(1982) to be coddled m 40 CFR 264.270 to 
264.283 (Subpart M) have been adopted by ref- 
erence as amended bv 48 Fed. Re a. 14.29 1 a«4 
1 1.295 (1983): afi4 40Pe4. Reg. 3004 (1985). in 
accordance with G.S. 150B- 14(c). 

(o) The following are requirements for Land- 
fills and Long-Term Storage Facilities: 

(1) The provisions for "landfills" contained 
in 45 Pe4. Res. 32,365 to 32.367 f4083> 
to be codified » 40 CFR 264.300 to 
264.339 (Subpart N) have been adopted 
bv reference as amended bv 40 Fed. Re*. 
3004T 5004V 18.371, 28.718, aito 28,7 To 
(1985). in accordance with G.S. 
15()B-14(c). These requirements apply to 
landfills and long-term storage facilities. 

(2) The following are additional requirements 
for hazardous waste landfills and long- 
term storage facilities: 

(A) No hazardous waste landfill or long- 
term storage facility shall be established 
until at least one comprehensive hazard- 
ous waste treatment facility is fully opera- 
tional in North Carolina. 

(B) Hazardous waste shall be treated prior 
to placement in a North Carolina hazard- 
ous waste landfill or long-term storage fa- 
cilitv. The extent of waste treatment 



300 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



required shall be based on the degree of 
hazard associated with each waste. Waste 
shall be classified as low, moderate, or 
extremely hazardous; classification being 
based on the following factors: 
(i) The toxicity, quantity, and concen- 
tration of constituents within the waste; 
(ii) The reported and potential toxic ef- 
fects of the waste constituents; 
(iii) The persistence, mobility, and po- 
tential for bioaccumulation of the waste 
constituents; and 
(iv) Any other relevant factors. 

(C) Hazardous waste that cannot be re- 
duced, stabilized or destroyed to the ex- 
tent which renders it sufficiently low in 
toxicity to present no significant health or 
safety hazard in the event of leakage, shall 
be stored in long-term, retrievable storage 
until such methods are found. Hazardous 
waste in long-term retrievable storage 
shall be detoxified as soon as the com- 
mission determines, based on the prepon- 
derance of the evidence, that the 
technology is available at a reasonable 
cost. 

(D) Residue or ashes of hazardous waste 
which has been treated so that the toxicity 
is low enough to present no significant 
health or safety hazard in the event of 
leakage from the facility shall be placed in 
long-term storage or a hazardous waste 
landfill. 

(E) No hazardous waste or polychlorinated 
biphenyl landfill facility shall be permitted 
within 25 miles of any other hazardous 
waste or polychlorinated biphenyl landfill 
facility, long-term storage facility or com- 
prehensive hazardous waste treatment fa- 
cility. 

(F) The following shall not be placed in a 
hazardous waste landfill, long-term stor- 
age, or long-term retrievable storage facil- 
ity: ignitables as defined in the Federal 
Act, polyhalogcnated biphenyls of 50 ppm 
or greater concentration and free liquids 
whether or not containerized. 

(G) A hazardous waste landfill or long-term 
storage facility shall meet the following 
minimum liner requirements: 

(i) Leachate collection and removal sys- 
tems above an artificial liner; 

(ii) An artificial liner of not less than 30 
mil in thickness; 

(iii) A five-foot clayey liner below the 
artificial liner which has a maximum 
permeability of 1.0 x 10-7 cm/sec; and 



(iv) A leachate detection system imme- 
diately below a clay liner. 
(H) A long-term storage facility shall meet 
groundwater protection, closure and 
post-closure, and financial requirements 
as specified in 40 CFR Subparts (F), (G) 
and (H) as adopted in 10 NCAC 10F 
.0032. 
(3) If technically and commercially feasible 
alternatives to landfilling, such as recycl- 
ing, reduction, and detoxification, are 
available for a hazardous waste, that waste 
shall not be disposed of in a landfill cell. 
However, this requirement shall apply 
only if utilization of such alternatives will 
provide equal or greater protection of the 
public health than disposing of the same 
hazardous waste without utilization of 
such alternatives, 
(p) The provisions for "Incinerators" contained 
in 44 Fed, Reg, 2.43S to ^6*% 3^489 and ^m 
(1981) to be codified » 40 CFR 264.340 to 
264.351 (Subpart O) have been adopted by ref- 
erence as amended by 44 F e d. Reg. 27,532 and 
32434 (1982); 4S Fed, Reg, 11,295 and 30,115 
(1983); aftd m Fed, Reg, 44^ 446? 3004- and 
49,203 (1985). in accordance with G.S. 
150B- 14(c). 

(r) The provisions for "Miscellaneous Units" 
contained in 40 CFR 264.600 to 264.603 (Sub- 
part X) have been adopted by reference in ac- 
cordance with G.S. 150B- 14(c). 

Statutory Authority G.S. 130A-294(c). 

.0033 INTERIM STATUSSTANDARDS FOR 
HWMF'S -PART 265 

(c) The provisions for "Preparedness and Pre- 
vention" contained in 44 Fed, Rog. 33,236 and 
UtZU f4480) to be codified » 40 CFR 265.30 
to 265.37 (Subpart C) have been adopted by ref- 
erence in accordance with G.S. 150B-14(c). 

(d) "Contingency Plan and Emergency Proce- 
dures" contained in 44 Fed, Rog. 33,237 to 
33,238 (1980) to be codifi e d m 40 CFR 265.50 
to 265.56 (Subpart D) have been adopted by re- 
ference in accordance with G.S. 150D- 14(c). 

(e) The provisions for "Manifest System, Re- 
cordkeeping, and Reporting" contained in 44 

I7...1 Dan "ii Tic -mil 17 TIP ( 1 QQQ'i fc» Ut* r n Hifm H 

I \.'\1 . 1 COC! ~J ~J j I r U IXllXS .1.1,1—.' ' \ i • ■ ■ ' ' f HJ TTC uuuuivvj 

m 40 CFR 265.70 to 265.77 (Subpart E) have 
been adopted by reference as amended by 44 Fed. 
Reg, 86,970, 84^974 (1980); 44 Fed, Reg, 7,480 
(1981); 4S Fedr Reg, 3r9S3 (1983); 4Q Fed. Reg, 
18,371 (1985); and 44- Fed, Reg, 25,179, 10,637, 
a^ 10,63 8 (1986). in accordance with G.S. 
150B- 14(c). 



NORTH CAROLINA REGISTER 



301 



PROPOSED RULES 



(f) The provisions for "Ground Water Moni- 
toring" contained in 44 Fed. Rog. 3.1,230 to 
33.212 (+9S0* to be codified i» 40 CFR 265.90 
to 265.94 (Subpart F) have been adopted by ref- 
erence a* amend e d by 4? Peor Regr 1,255 (1982); 
tt»4 4S F^4r Reg, 4tQS3- (1983). in accordance 
with G.S. 150B- 14(c). 

(g) The provisions for "Closure and Post-Clo- 
sure" contained in 44 Fed. Reg. 33,212 an4 
33.2 13 f4*Sfo (to be codified m 40 CFR 265.110 
to 265.120 (Subpart G) have been adopted by 
reference a* amended by 44 be4r Reg. 2,875, 
2#Z6t a«4 arS33r ttft4^494 (1981); »r4 44 Fe4r 
Regr 16,151 to 16,155, a«4 25.179 (1986); in ac-. 
cordance with G.S. 150B- 14(c), except that 40 
CFR 265.120 (b) is rewritten as follows: "If at 
any time the owner or operator or any subse- 
quent owner of the land upon which a hazardous 
waste facility was located removes the waste and 
waste residues, the liner, if any, and all contam- 
inated underlying and surrounding soil, he may 
add a notation on the deed to the facility prop- 
erty or other instrument normally examined dur- 
ing title search, indicating the removal of the 
waste." 

(h) " financial Requirements" contained in 44 
Fe^R^ 33.213 a^ 33.211 f4as^tobeeo4r6e4 
to 40 CFR 265.140 to 265.151 (Subpart H) have 
been adopted by reference as amended by 46 Fed. 
ft^a- 2£31 teir&SS (1981); 4? Feor Regr 15.061 
to 15,071 aft4 16,558 to 16,561 (1982); 4* Fe4r 
Rear 11,295 aao 30,115 (1983); aw4 44 Fe4r Reg, 
16,155 to 16,158, 25,179, (19 8 6), in accordance 
with G.S. 150B-14(c), except that 40 CFR 
265.143(a)(3), (a)(4), (a)(5). (a)(6), 40 CFR 
265.145(a)(3), (a)(4), (a)(5), (a)(6), 40 CFR 
265.147(a), and 40 CFR 265.147(b), are not 
adopted by reference. 

(i) The provisions for "Use and Management 
of Containers" contained in 44 Fed. Reg. 33.241 
(1980) to be codified m 40 CFR 265.170 to 
265.177 (Subpart I) have been adopted by refer- 
ence as amended by 44 Fe4r Regr 78,529 (1980), 
in accordance with G.S. 1 5"B- 14(c). except that 
40 CFR 265.174 is not adopted by reference. 
( 1 ) The following shall be substituted for the 
provisions of 40 CFR 265. 174 which were 
not adopted by reference: 
"265. 1 7 4 Inspections. 
The owner or operator must inspect areas 
where containers are stored at least weekly 
for leaks and for deterioration caused by 
corrosion or other factors. A log of in- 
spections must be kept for at least three 
years from the date of the inspection. 
[Comment: See Section 265.171 for re- 
medial action required if deterioration or 
leaks are detected.!" 



(k) The provisions for "Surface 

Impoundments" contained in 44 F e d. Rog. 
33,215 ano 33,216 (44>SQ4 to be codified m 40 
CFR 265.220 to 265.230 (Subpart K) have been 
adopted by reference as amended » 40 Fed. Regr 
16,018 aft4 28,7 19 (1985); aae 42 Fe4r Rag. St30S 
a»4 &r3W (1987). in accordance with G.S. 
150B- 14(c). 

(1) The provisions for "Waste Piles" contained 
in 44 Feor Regr 33,216 a«4 33,217 (1980) to be 
codified » 40 CFR 265.250 to 265.258 (Subpart 
L) have been adopted by reference as amended 
l»y 44 Fetb Regr 2tSQ4 an4 2tS93 (1981): 4? Fe4r 
Regr 32,367 aft4 32,368 (19 8 2); ao4 40 Fe4r Regr 
28,750 (1985). in accordance with G.S. 

150B- 14(c). 

(m) The provisions for "Land Treatment" 
contained in 44 FetF Regr 33,217 to 33,219 
(1980) to be codifi e d i» 40 CFR 265.270 to 
265.282 (Subpart M) have been adopted by ref- 
erence as amended by 44 bed. Rog. 32,368 
(1982); 4* Fe4r Regr 11,295 f49S4} ao4 40 Fee 
Rear 16,018 (1985). in accordance with G.S. 
150B- -14(c). 

(n) The provisions for "Landfills" contained in 
44 Fe4r Regr 33,249 a«4 33,250 (1980) to be ee- 
d+6e4 m 40 CFR 265.300 to 265.316 (Subpart 
N) have been adopted by reference as am e nd e d 
kv 44 Fe4r Ret- 13.191, 13,195, 33,507, 56,596 
(1981): 44 Fedr Rear 84«4t 12,318, 32,368, 
32.369 (1982) ao4 40 Fe4r Regr 16,018, 18,371, 
18,375, aoe 28,750 (1985). in accordance with 
G.S. 150B- 14(c). 

(o) The provisions for "Incinerators" contained 
in 44 Fe4r Rear 33.250 (19 8 0) to be codified m 
40 CFR 265.340 to 265.352 (Subpart O) have 
been adopted by reference as amend e d bv 44 F e d. 
Rear TrfrTS to ?t4SQ ( 1981); 43 Fe4r Regr 27,533 
(1982); aft4 40Fe4r Regr 6447 2004r 19,203, a*4 
19.201 (1985). in accordance with G.S. 

150B- 



14(c) 



Treatment" 
Mto 33,251 
265.370 to 



(p) The provisions for "Thermal 
contained in 44 Fed. R e g. 33.250 
fWSG} to be codifi e d m 40 CFR 
265.383 (Subpart P) have been adopted by refer- 
ence as amended by 40 Fed. Reg. 4667 2005, a«4 
2004 (1085). in accordance with G.S. 

1 SOB- 14(c). 

(q) The provisions for "Chemical, Physical, 
and Biological Treatment" contained in 44 Fed. 
Rear 33,251 a«4 33,252 (4*404 to be codified m 
40 CFR 265.400 to 265.406 (Subpart Q) have 
been adopted by reference in accordance with 
G.S. 15HB- 14(c). 

(r) The provisions for "Underground 

Injection" contained in 44 Fed. Reg. 33.252 a»4 
33,253 (-F4804 to be codified i» 40 CFR 265.430 
(Subpart R) have been adopted by reference as 



302 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



amondod fey 4S Fe4r Rogr 30,1 15 (10 8 3). in a^ 
cordance with G.S. 150B- 14(c). 

(s) Appendices I through V contained in 4£ 
Pea, fa^ Q2$i te a^^SS f44SQ} 40 CFR 265 
have been adopted by reference in accordance 
with G.S. 150B- 14(c). 

Statutory Authority G.S. 130A-294(c). 



be made prior to the desk audit of the start-up 
cost report. 

Authority G.S. 108A-25(b); 108A-54; 108A-55; 
S.L. 1985, c. 479, s. 86; 42 CFR Part 447 Subpart 
C. 

TITLE 12 - DEPARTMENT OF JUSTICE 



****************** 



lyotice is hereby given in accordance with G.S. 
J SOB- J 2 that the Human Resources/ Medical As- 
sistance intends to amend regulation cited as 10 
NCAC 26H .0303(h). 

1 he proposed effective date of this action is No- 
vember 1, 1988. 

1 he public hearing will be conducted at 1:30 
p.m. on August 14, 1988 at North Carolina Divi- 
sion of Medical Assistance, 1985 Umstead Drive, 
Room 201, Raleigh, N. C. 27603. 



No 



Co 



_, omment Procedures: Written comments con- 
cerning this amendment must be submitted by 
8 J 14/88 to: Director, Division of Medical Assist- 
ance, 1985 Umstead Drive, Raleigh, N. C. 27603. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement on this rule 
amendment is available upon written request from 
the same address. 

CHAPTER 26 - MEDICAL SERVICES 
SUBCHAPTER 2611 - REIMBURSEMENT PLANS 



SECTION .0300 



ICF-MR PROSPECTIVE RATE 
PLAN 



.0303 METHODS AND STANDARDS 
FOR DETERMINING RATES 

(h) Start-up costs are cost incurred by an 
ICF-MR provider while preparing to provide 
services. It includes the cost incurred by provid- 
ers to provide services at the level necessary to 
obtain certification less any revenue or grants re- 
lated to start-up. The North Carolina Medicaid 
Program will reimburse these start-up costs up 
to a maximum equal to the facility's rate times 
its beds times 90 120 days. This reimbursement 
will be made in addition to the facility's per diem 
rate. The amount shall be payable upon receipt 
of a special start-up cost report. This report 
should be filed within 15 months of the certif- 
ication date. No advance of start-up funds shall 



otice is hereby given in accordance with G.S. 
I50B-I2 that the N.C. Prh'ate Protective Services 
Board intends to amend regulation cited as 12 
NCAC 7D .0204. 

1 he proposed effective date of this action is No- 
vember I, 1988. 

1 he public hearing will be conducted at 12:00 
p.m. on August 19, 1988 at McKinnon Center, 

Western Boulevard at Gorman Street, Raleigh, 
N. C. 



Co 



omment Procedures: File written comments 
with James F. Kirk, Administrator, P.O. Box 
29500, Raleigh, N. C. 27626 no later than Friday, 
August 12, 1988. 

CHAPTER 7 - PRIVATE PROTECTIVE 
SERVICES 

SUBCHAPTER 7D - PRIVATE PROTECTION 
SERVICES BOARD 

SECTION .0200 - LICENSES: TRAINEE 
PERMITS 

.0204 DETERMINATION OF EXPERIENCE 

(a) Experience requirements shall be deter- 
mined in the following manner: 

( 1) one year experience = 1,000 hours; 

(2) two years experience = 2,000 hours; 

(3) three years experience = 3,000 hours. 

(b) Applicants must be prepared to make 
available upon request written documentation 
and/or verification of experience. 

(c) The board shall net- may, for good cause, 
consider any experience claimed by the applicant 
if gained while not in possession of a valid li- 
cense, registration or trainee permit while such 
license, registration, or trainee permit was re- 
quired by existing or previously existing laws of 
the United States, any state or any political sub- 
division of a state. 

Statutory Authority G.S. 74C-5; 74C-8(d)(3). 

+ ^c % )|c Hf ^ ^ % Jf. % ^ % ^ %. ;[c % % ;\z 



NORTH CAROLINA REGISTER 



303 



PROPOSED RULES 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the North Carolina Criminal Justice 
Education and Training Standards Commission 
intends to adopt, amend and repeal regulations 
cited as 12 NCAC 9 A .0/03, .0204 - .0206; 9B 
.0101 - .0/02. .0203, .0205 - .0206, .0209 - .0214, 
.0218 - .0219, .0222, .0224, .0226 - .0228, .0231 - 
.0233. .0304 - .0305, .0310, .0401, .0403 - .0407, 
,0414 - .0415, .0603; 9C .0303 - .0304, .0306 - 
.0307, .0310, .0501 - .0505, .0602 - .0605; 9E 
.0101 - .0107. 

1 he proposed effective date of this action is July 
1, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on September 8, 1988 at the Hearing Room 
of the Alcoholic Be\>erage Control Commission 
Building, 3322 Old Garner Road, Raleigh, North 
Carolina. 

(_- omment Procedures: A ny person interested in 
these rules may present oral or written comments 
relevant to the proposed action at the Public 
Rule-Making Hearing. Written statements not 
presented at the Hearing should be directed to the 
undersigned. The proposed rides are available for 
public inspection and copies may be obtained at 
the following address: 

Criminal Justice Standards Division 
North Carolina Department of Justice 

I West Morgan Street 

Room 15. Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602. 

CHAPTER 9 - CRIMINAL JUSTICE 
EDUCATION AND TRAINING STANDARDS 

SUBCHAPTER 9A - CRIMINAL JUSTICE 

EDUCATION AND TRAINING STANDARDS 

COMMISSION 

SECTION .0100 - COMMISSION 
ORGANIZATION AND PROCEDURES 

.010? DEFINITIONS 

The following definitions apply throughout this 
Chapter, except as modified in 12 NCAC 9A 
.0107 for the purpose of the commission's rule- 
making and administrative hearing procedures: 

(14) "In-Service Training" means any and all 



training 
must be 


prescribed in 
satisfactorily 


Rule 

compli 


9E .0102 which 
?tcd by all certi- 


fied law 


enforcement 


officers 


durine eac 


h full 


calendar Year of certi: 


ication 













(15) (44) "Lateral Transfer" means the employ- 
ment of a criminal justice officer, at any 
rank, by a criminal justice agency, based 
upon the officer's special qualifications or 
experience, without following the usual se- 
lection process established by the agency for 
basic officer positions. 

(16) (44) "Law Enforcement Code of Ethics" 
means that code adopted by the commission 
on September 19, 1973, which reads: 

As a law enforcement officer, my funda- 
mental duty is to serve mankind: to safe- 
guard lives and property; to protect the 
innocent against deception, the weak against 
oppression or intimidation, and the peaceful 
against violence or disorder; and to respect 
the Constitutional rights of all men to lib- 
erty, equality, and justice. 

I will keep my private life unsullied as an 
example to all; maintain courageous calm in 
the face of danger, scorn, or ridicule; develop 
self-restraint; and be constantly mindful of 
the welfare of others. Honest in thought 
and deed in both my personal and official 
life, I will be exemplary in obeying the laws 
of the land and the regulations of my de- 
partment. Whatever I see or hear of a con- 
fidential nature or that is confided to me in 
my official capacity will be kept ever secret 
unless revelation is necessary in the per- 
formance of my duty. 

I will never act officiously or permit per- 
sonal feelings, prejudices, animosities or 
friendships to influence my decisions. With 
no compromise for crime and with relentless 
prosecution of criminals, I will enforce the 
law courteously and appropriately without 
fear or favor, malice or ill will, never em- 
ploying unnecessary force or violence and 
never accepting gratuities. 

I recognize the badge of my office as a 
symbol of public faith, and I accept it as a 
public trust to be held so long as I am true 
to the ethics of the police service. I will 
constantly strive to achieve these objectives 
and ideals, dedicating myself before God to 
my chosen profession. ..law enforcement. 

( 17) (44) "Law Enforcement Officer" means an 
appointee of a criminal justice agency or of 
the State or of any political subdivision of 
the State who, by virtue of his office, is em- 
powered to make arrests for violations of the 
laws of this State. Specifically excluded 
from this title are sheriffs and their sworn 
appointees with arrest authority who are 
governed by the provisions of Chapter 17E 
of the General Statutes. 



304 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(18) (4-^ "Law Enforcement Training Points" 
means points earned toward the Law En- 
forcement Officers' Professional Certificate 
Program by successful completion of com- 
mission-approved law enforcement training 
courses. Twenty classroom hours of com- 
mission-approved law enforcement training 
equals one law enforcement training point. 

(19) (4-S) "Local Confinement Personnel" me- 
ans any officer, supervisor or administrator 
of a local confinement facility in North Ca- 
rolina as defined in G.S. 153A-217; any of- 
ficer, supervisor or administrator of a county 
confinement facility in North Carolina as 
defined in G.S. 153A-218; or, any officer, 
supervisor or administrator of a district 
confinement facility in North Carolina as 
defined in G.S. 153A-219. 

(20) (44ty "Misdemeanor" means those criminal 
offenses not classified by the North Carolina 
General Statutes, the Crated States Code, 
the common law, or the courts as felonies. 
Misdemeanor offenses are classified by the 
commission as follows: 

(a) "Class A Misdemeanor" means an act 
committed or omitted in violation of any 
common law, duly enacted ordinance, 
criminal statute, or criminal traffic code 
of this state, or any other jurisdiction, ei- 
ther civil or military, for which the max- 
imum punishment allowable for the 
designated offense under the laws, stat- 
utes, or ordinances of North Carolina or 
its political subdivisions includes impri- 
sonment for a term of not more than six 
months. Specifically excluded from this 
grouping of "class A misdemeanor" crim- 
inal offenses are motor vehicle or traffic 
offenses designated as misdemeanors un- 
der Chapter 20 (Motor Vehicles) of the 
General Statutes of North Carolina, simi- 
lar laws of other jurisdictions, or duly en- 
acted ordinances of an authorized 
governmental entity with the exception of 
the offense of impaired driving (G.S. 20- 
138.1) which is expressly included herein 
as a class A misdemeanor, if the defendant 
was sentenced under punishment level 
three [G.S. 20-179(i)J, level four [G.S. 
20-179(j)|, or level five [G.S. 20-179(k)]. 

(b) "Class B Misdemeanor" means an act 
committed or omitted in violation of any 
common law, criminal statute, or criminal 
traffic code of this state, or any other ju- 
risdiction, either civil or military, for 
which the maximum punishment allow- 
able for the designated offense under the 
laws and statutes of North Carolina in- 



cludes imprisonment for a term of more 
than six months but not more than two 
years. Specifically excluded from this 
grouping of "class B misdemeanor" crim- 
inal offenses are motor vehicles or traffic 
offenses designated as being misdemea- 
nors under Chapter 20 (Motor Vehicles) 
of the General Statutes of North Carolina 
or similar laws of other jurisdictions with 
the following exceptions. Class B misde- 
meanor does expressly include, either first 
or subsequent offenses of G.S. 20- 138(a) 
or (b), G.S. 20-139 (persons under influ- 
ence of drugs), and G.S. 20-166 (duty to 
stop in event of accident). This definition 
further includes a violation of G.S. 
20-138.1 (impaired driving) if the defend- 
ant was sentenced under punishment level 
one [G.S. 20-179(g)| or punishment level 
two [G.S. 20- 179(h)) for the offense. 

(21) f3Q4 "Parole Case Analyst" means an em- 
ployee of the North Carolina Department 
of Correction who works under the super- 
vision of the North Carolina Parole Com- 
mission, whose duties include analyzing and 
processing cases under consideration for 
parole, preparing and presenting parole rec- 
ommendations, analyzing and processing 
executive clemency matters and interviewing 
inmates. 

(22) (444, "Pilot Courses" means those courses 
developed consistent with the curriculum 
development policy adopted by the com- 
mission on May 30, 1986. This policy shall 
be administered by the Education and 
Training Committee of the commission 
consistent with Rule 9C .0404. 

(43} "Pro Service Training" means aay a«4 aU 
training stipulat e d m R-wl* 9& .0205(b) 
which muGt be satisfactorily completed by 
aU applicants prior to- obtaining probation 

cot y DCRD mn i\t 1 1 uj cc iu tt \_ i n o i ll iiil.hl kj i 1 1 dci : 

Statutory Authority G.S. 17C-2; 17C-6; 17C-I0; 
I53A-2I7. 

SECTION .0200 - ENFORCEMENT OF RULES 

.0204 SUSPENSION: REVOCATION: OR 
DENIAL OF CERTIFICATION 

(a) The commission shall revoke the certif- 
ication of a criminal justice officer when the 
commission finds that the officer has committed 
or been convicted of: 

(1) a felony; or 

(2) a crime for which the authorized punish- 
ment included imprisonment for more 
than two years. 



NORTH CAROLINA REGISTER 



305 



PROPOSED RULES 



(b) The commission may suspend, revoke, or 
deny the certification of a criminal justice officer 
when the commission finds that the applicant for 
certification or the certified officer: 

(1) has not enrolled in and satisfactorily 
completed the required basic training 
course in its entirety ef m formally au- 
thorised separat e parte, within prescribed 
time periods relevant or applicable to a 
specified position or job title; 

(2) fails to meet any of the minimum em- 
ployment standards required by 12 NCAC 
9B .0100 for the category of the officer's 
certification; 

(3) has committed or been convicted of: 

(A) a crime or unlawful act defmed in 12 
NCAC 9A .0103 as a Class B misdemea- 
nor; or 

(B) four or more crimes or unlawful acts 
defined in 12 NCAC 9A .0103 as a Class 
A misdemeanor, each of which occurred 
after the date of initial certification; 

(4) has been discharged by a criminal justice 
agency for commission or conviction of: 

(A) a motor vehicle offense requiring the 
revocation of the officer's driver's license; 
or 

(B) any other offense involving moral tur- 
pitude; 

(5) has been discharged by a criminal justice 
agency because the officer lacks the men- 
tal or physical capabilities to properly ful- 
fill the responsibilities of a criminal justice 
officer; 

(6) has knowingly made a material misrepre- 
sentation of any information required for 
certification or accreditation; 

(7) has knowingly and designedly by any 
means of false pretense, deception, de- 
fraudation, misrepresentation or cheating 
whatsoever, obtained or attempted to ob- 
tain credit, training or certification from 
the commission; 

(8) has failed to make either of the notifica- 
tions as required bv 12 NCAC 9B 
.0101(7); e* 

(9) has been removed from office by decree 
of the Superior Court in accord with the 
provisions of G.S. 128-16; 

(10) fails to satisfactorily complete the mini- 
mum in-service training requirements as 
prescribed in 12 NCAC 9H; 

(1 1) has refused to submit to the drug screen 
specified in 12 NCAC 9B .0101(5); 

( 12) has produced a positive result on the drug 
screen specified in and administered ac- 
cording to 12 NCAC 9B .0101(5), where 



the positive result cannot be explained to 
the commission's satisfaction bv a valid 
prescription and current medical advice; 
or 
3) has produced a positive result on a drug 
screen reported to the commission as 
specified in 12 NCAC 9C .0310, where the 
positive result cannot be explained to the 
commissions satisfaction by a valid pre- 
scription and current medical advice. 

Statutory Authority G.S. I7C-6; I7C-10. 



.0205 PERIOD OF SUSPENSION: 
REVOCATION: OR DENIAL 

\Mien the commission suspends, revokes, or 
denies the certification of a criminal justice offi- 
cer, the period of the sanction shall be: 

( 1 ) permanent where the cause of the sanction 
is: 

(a) commission or conviction of a felony; or 

(b) commission or conviction of a crime for 
which authorized punishment included 
imprisonment for more than two years; 
or 

(c) the second revocation of an officer's cer- 
tification for either of the two causes re- 
quiring a live-year period of revocation; 
or 

(d) refusal to submit to the drug screen speci- 
fied in 12 NCAC 9B .0101(5); or 

(e) production of a positive result on the drug 
screen specified in and administered ac- 
cording to 12 NCAC 9B .0101(5), where 
the positive result cannot be explained to 
the commission's satisfaction bv a valid 
prescription and current medical advice; 
or 

production of a positive result on a drug 
screen reported to the commission under 
12 NCAC 9C .0310. where the positive 
result cannot be explained to the com- 
mission's satisfaction bv a valid pre- 
scription and current medical advice. 



in 



(2) not less than five years where the cause of 
sanction is: 

(a) commission or conviction of a crime other 
than those listed in Item (1) of this Rule; 
however, the commission may either re- 
duce or suspend the period of sanction 
under this Item or substitute a period of 
probation in lieu of revocation following 
an administrative hearing; or 

(b) material misrepresentation of any infor- 
mation required for certification or ac- 
creditation; 

(c) failure to make either of the notifications 
as required by 12 NCAC 9B .0101(7); or 



306 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(d) removal from office under the provisions 
ofG.S. 128-16. 
(i) for an indefinite period, but continuing so 
long as the stated deficiency, infraction, or 
impairment continues to exist, where the 
cause of sanction is: 
(a) failure to meet or satisfy relevant basic 
training requirements; or 
failure to meet or maintain the minimum 
standards of employment; or 
discharge from a criminal justice agency 
for impairment of physical or mental ca- 
pabilities; or 
failure to meet or satisfy the in-service 



0) 



LiU 



training lcquircmcnls as prescribed in J_2 
MAC <T 



Stiiiniory Authority (i.S. I '(.'-6; I7C-IQ. 

.0206 SUMMARY SUSPENSIONS 

(a) The commission, by and through the 
Standards Committee, may summarily suspend 
the certification of a criminal justice officer or 
instructor or the accreditation of a criminal jus- 
tice school or course before the commencement 
of proceedings for suspension or revocation of 
the certification or accreditation when: 

(1) the person has committed or been con- 
victed of a violation of the criminal code 
which would require a permanent sus- 
pension, revocation, or denral ol certif- 
ication; <*f 

(2) in the opinion of the Standards Commit- 
tee, the public health, safety, or welfare 
requires this emergency action of sum- 
mary suspension; or 

(3) the certified officer fails to satisfactorily 
complete the minimum in-scrvicc training 
requirements as prescribed m J_2 NCAC 
9E. 

Statutory Authority G.S. 17C-6; 17C-I0; 150B-3. 

SUBCHAPTER 9B - STANDARDS FOR 

CRIMINAL JUSTICE EMPLOYMENT: 

EDUCATION: AND TRAINING 

SECTION .0100 - MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE EMPLOYMENT 

.0101 MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE OFFICERS 

Every criminal justice officer employed by an 
agency in North Carolina shall: 

( 1 ) be a citizen of the United States; 

(2) be at least 20 years of age; 

(3) be of good moral character as determined 
by a thorough background investigation; 



(4) have been fingerprinted and a search made 
of local, state, and national tiles to disclose 
any criminal record; 

(5) have been examined and certified by a li- 
censed physician or surgeon to meet physical 
requirements necessary to properly fulfill the 
officer's particular responsibilities and shall 
have produced a negative result on a drug 
screen administered according to the follow- 
ing specifications: 

(a) the drug screen shall be a untie test con- 
sisting of an initial test and a confirmatory 
lest on an initial positive result; and 

(h) the unne specimen shall be collected as 
part of the medical examination; and 

(c) a chain id custody shall be maintained on 
the specimen from collection to the even- 
tual discarding of the specimen; and 

(d) the drugs whose use shall be tested lor 
shall include ;U least cannibis, cocaine, 
phencyclidine (I'CI*). opiates and amphe- 
tamines or their melabolities; and 

(e) the test threshold values are no lower than 
these: 

(i) Cannibis 11)0 ng ml - initial and 

GCMS; 
(ii) Opiates - 300 ng/ml - initial and 

GCMS; 
(in) Cocaine - 300 ng'ml - initial, 150 ng/ml 

- GCMS; 
(iv) I'd' - 25 ng/ml - initial and GCMS; 

(v) Amphetamines - 1000 ng'ml - initial 

and GCMS; and 

(f) the laboratory conducting the test must be 

certified for federal workplace drug testing 

programs. 
A positive result which can be explained to 
the commission's satisfaction by a valid pre- 
scription and current medical advice shall 
have the effect of a negative result. 
Note: Although not presently required by 
these Rules, the commission recommends 
that every candidate for a position as a crim- 
inal justice officer be examined by a licensed 
psychiatrist or clinical psychologist prior to 
employment, or be administered a psycho- 
logical evaluation test battery to determine 
his mental and emotional suitability to per- 
form the duties of an officer. 

Statutory Authority G.S. I7C-6; 17C-10. 

.0102 BACKGROUND INVESTIGATION 

(d) The agency may use the method of docu- 
menting the results of the background investi- 
gation it deems most appropriate to its needs. 
1 lowever, the commission's Summary of Back- 
eround Investigation Form should be used as a 



NORTH CAROLINA REGISTER 



307 



PROPOSED RULES 



guide of minimum information collected and re- 
corded by the investigator. 

(e) (44 Upon written request by the Director of 
the Standards Division, the employing agency 
shall provide the commission with a copy of any 
background investigation retained by the agency. 

Statutory Authority G.S. 17C-6. 

SECTION .0200 - MINIMUM STANDARDS FOR 

CRIMINAL JUSTICE SCHOOLS AND 

CRIMINAL JUSTICE TRAINING PROGRAMS 

OR COURSES OF INSTRUCTION 

.0203 ADMISSION OF TRAINEES 

(d) The school sha ll not admit any individual 
as a trainee in a presentation of the "Basic Re- 
cruit Training -_ I aw Enforcement" course un- 
less as a prerequisite the individual has: 

(1) provided to the certified school director a 
Medical Examination Report Form in 
compliance with 12 NCAC 9B .0104, 
properly completed by_ a physician li^ 
censed to practice medicine in North Ca- 
rolina; and 

(2) had a drug screen in accordance with 12 
NCAC 9B . 0101(5); and 

(3) produced a negative result on the drug 
screen, or produced a positive result which 
can be explained to the commission's sat- 
isfaction by_ a valid prescription and cur- 
rent medical advice. 

Statutory Authority G. S. J7C-6; 17C-10. 

.0205 BASIC TRAINING - LAW 

ENFORCEMENT OFFICERS 

(a) The basic training course for law enforce- 
ment officers consists of instruction designed to 
provide the trainee with the skills and knowledge 
to perform those tasks essential to function in 
law enforcement. 44*e co u rse entitled "Basic 
Recruit Training Law Enforcement" is com 
posed ef two ooparable parts. 44*e fe4 being 
designat e d a* Pro Service Training, as s pecified 
und e r Paragraph (44 ȣ frh+s Rul e , aft4 4*e second 
being designated as Probationary Training, as 
specifi e d under Paragraph («4 »£tl4s R.ul e . 

fb) ¥ke Pro Service Training cours e applicable 
to aH law enforcem e nt offi c er s shall consist e£ a 
minimum ef 444 hours ef instructi^ ft as4 shall 
include tfee following identified topic areas a«4 
minimum instructional hours fef e ach area: 
(4-4 Course Orientation - 4- Hour 
(34 Laws ef- Arrest, Search &&4 Seizur e - 44 

Hours 
(rty Mechanics ef Arrest: 
Arr e st Procedures - S Hours 
Vehicle Stops - 4 Hours 



Custody Procedur e s - 3 Hours 
Proc e ssing, Fingerprinting, an4 
Photographing Arrestee - 4 Hours 
(4) Dufonoivo Tactics - 44 Hours 
(4) Firearms - 44 Hour s 
(4) kw Enforcement Driver Training - 44 

Hours 
(4^ Testing - 4 Hours 
(b) The course entitled "Basic Recruit Training 
— Law Enforcement" shall consist of a minimum 
of 410 hours of instruction and shall include the 
following identified topic areas and minimum 
instructional hours for each area: 



01 

(21 

til 

(4) 

(51 

(61 
(21 

(81 

(21 
iM 
(ill 
(12) 



Course Orientation - 2 Hours 
Constitutional I^aw - 4 Hours 
I_aws of Arrest, Search and Seizure 



16 



Hours 
Mechanics of Arrest; Arrest Procedures - 

8 Hours 
Law Enforcement Communications and 

Information Systems - 4 Hours 
Elements of Criminal Law - 24 Hours 
Defensive Tactics - J_6 1 lours 

Juvenile Laws and Procedures - 8 Hours 

Emergency Medical Services - 24 Hours 
Firearms - 40 Hours 
Patrol Techniques - J_6 Hours 
Crime Prevention Techniques ; 4 Hours 
Field Notetaking and Report Writing - 

12 Hours 

(14) Mechanics of Arrest; Vehicle Stops - 6 
Hours 

(15) Mechanics of Arreset; Custody Proce- 
dures - 2 Hours 

(16) Mechanics of Arrest; Processing Arrestee 
- 4 Hours 

(17) Crisis Management - 10 Hours 

(18) Special Populations - 12 Hours 

(19) Civil Disorders - 8 Hours 

(20) Criminal Investigation - 28 Hours 

(21) Interviews: Field and In-Custody - 8 
Hours 

(22) Controlled Substances - 6 Hours 

(23) ABC Laws and Procedures - 4 Hours 

(24) Electrical and Hazardous Material 
Emergencies - 6 I lours 

(25) Motor Vehicle Laws - 20 Hours 

(26) Techniques of Traffic I^aw Enforcement 
-_ 6 Hours 

(27) Traffic Accident Investigation - 20 I lours 

(28) Law Enforcement Driver Training - 16 
Hours 

(29) Pre paring for Court and Testifying in 
Court - \2 Hours 

(30) Dealing with Victims and the Public - 8 
Hours 

(31) Testing - 12 Hours 

(32) Physical Fitness - 43 Hours 



30S 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



{&) Unless otherwise prescribed aft4 made ap- 
plicabl e by subsequent f*4» ef this Subchapter, 
the remaining portion ef the basic training 
courso, designated as Probationary Training, 
shall consist ef a minimum af 346 hours ef in- 
struction a»4 shall include the following identi 
6e4 topic areas a»4 minimum instructional hours 

(4} Courso Orientation - 4- Hour 

(3) Constitutional I aw - 4 Hours 

(4) I.xtw Enforcement Communications tm4 
Information Systems - 4 Hours 

(4) Elements ef Criminal Law - 34 Hours 
(4) Juvenile Laws a«4 Procedur e s - 8 Hours 
(4) Emergency M e dical Servic e s - 34 Hours 
(44 Patrol Techniques - 46 Hours 
f8) Crime Prevention Techniques - 4 Hours 
(£} Field Notetoking sm4 Pieport Writing - 
+3 Hours 
Crisis Management - 40 Hours 
Deviant Behavior - 4(4 Hours 



( 1 1 ) \ 
(43+ 



Civil Disorders - 42 1 lours 



Criminal Investigation - 38 Hours 

Interviews: Field aftd In Custody - & 
Hours 
(44) Controlled Substances - 6 Hours 
(46) ABC I jaws »r4 Procedures - 4 Hours 
(44) Flectrical aft4 Hazardous Materials 

Emergencies - 6 Hours 
(4-8) Motor Vehicle 1 aws - 3© Hours 
(49) Techniques »f Traffic t-+tw Enforcement 

- 6 Hours 
(3% Traffic Accident Investigation - 30 Hours 
(34) Preparing fef Court aft4 Testifying » 
Court - 43 Hours 

D e aling with Victims aft4 4« Public - & 
Hours 

Testing aft4 Examination - 9 Hours 

(4+ [cj The "Basic Law Enforcement Training 

Manual" as published by the North Carolina 

Justice Academy is hereby adopted by reference, 

and shall automatically include any later amend- 



(33} 

UXL± 



ments and editions of the adopted matter as au- 
thorized by G.S. 1 SOB- 14(c), to apply as basic 
curriculum for this basic training course for law 
enforcement officers as administered by the 
commission. Copies of this publication may be 
inspected at the office of the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at cost from the Academy 
at the following address: 



North Carolina Justice Academy 

Post Office Drawer 99 

Salemburg, North Carolina 28385 

(e) (d) The "Basic Law Enforcement Training 
Course Management Guide" as published by the 
North Carolina Justice Academy is hereby 
adopted by reference, and shall automatically in- 
clude any later amendments and editions of the 
adopted matter as authorized by G.S. 
150B- 14(c), to be used by certified school direc- 
tors in planning, implementing and delivering 
basic training courses. Each certified school di- 
rector shall be issued a copy of the guide at the 
time of certification at no cost to the accredited 
school. 

Statutory Authority G. S. 17C-6; 17C-10. 

.0206 BASIC TRAINING: CORRECTIONAL 
OFFICERS 

(c) The "Basic Correction Officer Training 
Manual" as published by the Department of 
Correction is hereby adopted by reference, and 
shall automatically include any later amendments 
and editions of the adopted matter as authorized 
by G.S. 1 SOB- 14(c), to apply as the basic curric- 
ulum for delivery of correctional officer basic 
training courses. 

Statutory Authority G. S. J7C-6; 17C-I0. 

.0209 CRIMINAL JUSTICE INSTRUCTOR 
TRAINING 

(a) The instructor training course required for 
general instructor certification shall consist of a 
minimum of 44 80 hours of instruction presented 
during a continuous period of not more than two 
weeks. 

(b) Each instructor training course shall be de- 
signed to provide the trainee with the skills and 
knowledge to perform the function of a criminal 
justice instructor. 

(c) Each instructor training course shall include 
as a minimum the following identified topic areas 
and minimum instructional hours for each area: 

(44 Orientation - Lesson Plan Preparation - 

3 Hours 

(3) Curriculum Development - 4 I lour 

(4) Profe s sional Pi.osourc e s - 4 Hour 
(4) Eormat &b4 Objectives - 6 Hours 

(4) Principals aft4 Styl e s &f Adult L e arning - 

4 Hours 

(4) Classroom Environment - 4 Hour 
(4) Student Classroom Study Skills - 4 Hour 
(-8) M e thods a»4 Strategies ef Instruction - 4 
Hour s 



NORTH CAROLINA REGISTER 



309 



PROPOSED RULES 



(44 Audio Visual Equipment - & Hours 
(444 Questioning Techniques - 2 Hours 
(4-44 Legal Liability - 2 Hours 
(444. Demonstration Methods an4 Practical 

Ex e rcise - 2 Hours 
(444 Evaluation Proc e ss -4 Hours 
(444 ElTectivo Spooking - 2 Hours 
(444 Student Performance - 44 Hours 
(464 Student 10 Minut e Talk, V44e» Critique 

- 6 Hours 
(444 Examination - 3 Hours 

(1) Orientation and Pretest - 2/4 Hours 



(21 

[31 
(41 
[51 

[61 

[21 

[81 

[21 



Curriculum Development: ISP Model - 
1 Vi I lours 

Civil liability for Law Enforcement 
trainers - 2 I lours 

Interpersonal Communication in In- 
struction - 4 Hours 

I esson Plan Preparation: Professional 
Resources - 1 '2 Hours 

Lesson Plan Preparation: Format and 
Objectives -_ 6 Hours 
Adult Learning -_ 3 x/ i I lours 
Adult I earning: The I earning Environ- 
ment - 2' 1 Hours 

Demonstration 



Principles of Instruction: 
Methods and Practical Exercise 



6 Hours 



(10) Methods and Strategies of Instruction - 
4 1 lours 

(11) The Evaluation Process - 4 Hours 

( 12) Principles of Instruction: Audio-Visual 
Aids - 8 I lours 

(13) Stud"ent 10- Minute Talk and Video Cri- 
tique ^ 6 Hours 

( 14) Student Performance: 



First Thirty-Minute Presentation 

- 7 '/; Hours 

Second Thirty- Minute Presentation 

2 7 \'i I lours 

Final Fightv-Minutc Presentation 



- 12 Hours 
( 15) Examination - 



Hours 



Note: 44te 44 hour block »f instruction fe* S4«- 
dent Performance includ e s 44 hours that- we 
conducted with divided groups. If t!4s block i« 
conducted w44* more tlw«- 4# students m a single 
group the total number »f c o ur se hours would 
exceed £0 hours. 

(d) The "Basic Instructor Training Manual'' 
as published by the North Carolina Justice 
Academy is hereby adopted by reference, and 
shall automatically include any later amendments 
and editions of [he adopted matter as authorized 
by G.S. 150B- 14(c), to apply as the basic curric- 
ulum for delivery of basic instructor training 
courses. Copies of this publication may be in- 
spected at the agency: 



Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be purchased at cost from the Academy 
at the following address: 

North Carolina Justice Academy 

Post Office Drawer 99 
Salemburg, North Carolina 28385 

Statutory Authority G.S. I7C-6. 

.0210 RADAR INSTRUCTOR TRAINING 
COURSE 

(e) The "Radar Operator Training Course" as 
published by the North Carolina Justice Acad- 
emy is hereby adopted by reference, and shall 
automatically include any later amendments and 
editions of the adopted matter as authorized by 
G.S. i m)B- 14(c). to appl> as basic curriculum tor 
the radar instructor training course for radar in- 
structors as administered by the commission. 
Copies of this publication may be inspected at 
the office of the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at cost at the address in this 
Rule. 

Statutory Authority G.S. 17C-6. 

.0211 CRIMINAL JUSTICE TD/SMI 

INSTRUCTOR TRAINING COURSE 

(d) The "Time-Distance Operator Course" as 
published by the North Carolina Justice Acad- 
emy is hereby adopted by reference, and shall 
automatically include any later amendments and 
editions of the adopted matter as authorized by 
G.S. 150B- 14(c), to apply as basic curriculum for 
the criminal justice time-distance speed measure- 
ment instrument instructor training course for 
time-distance speed measurement instructors as 
administered by the commission. Copies of this 
publication may be inspected at the office of the 
agency: 

Criminal Justice Standards Division 
North Carolina Department of Justice 



310 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at cost at the address in this 
Rule. 

Statutory Authority G.S. I7C-6. 

.0212 CERTIFICATION TRAINING FOR 
RADAR OPERATORS 

(d) The "Radar Operator Training Course" as 
published by the North Carolina Justice Acad- 
emy is hereby adopted by reference, and shall 
automatically include any later amendments and 
editions of the adopted matter as authorized by 
G.S. 150B-14(c), to apply as basic curriculum for 
the radar operator training course for radar op- 
erators as administered by the commission. Co- 
pies of this publication may be inspected at the 
office of the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at cost at the address in this 
Rule. 

Statutory Authority G.S. I7C-6. 

.0213 CERTIFICATION TRAINING FOR 
RADAR TD/SMI OPERATORS 

(d) The "Time- Distance Operator Course" as 
published by the North Carolina Justice Acad- 
emy is hereby adopted by reference, and shall 
automatically include any later amendments and 
editions of the adopted matter as authorized by 
G.S. 150B- 14(c), to apply as basic curriculum for 
the radar and time-distance speed measurement 
instrument operator training course for radar and 
time-distance speed measurement instrument 
operators as administered by the commission. 
Copies of this publication may be inspected at 
the office of the agency: 

Criminal Justice Standards Division 

North Carolina Deparment of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 



and may be obtained at cost at the address in this 
Rule. 

Statutory Authority G.S. I7C-6. 

.0214 CERTIFICATION TRAINING FOR 
TD/SMI OPERATORS 

(d) The "Time- Distance Operator Course" as 
published by the North Carolina Justice Acad- 
emy is hereby adopted by reference, and shall 
automatically include any later amendments and 
editions of the adopted matter as authorized by 
G.S. 150B- 14(c), to apply as basic curriculum for 
the time-distance speed measurement operator 
training course for time-distance speed measure- 
ment operators as administered by the commis- 
sion. Copies of this publication may be 
inspected at the office of the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at cost at the address in this 
Rule. 

Statutory Authority G.S. I7C-6. 

.0218 RE-CERTIFICATION TRAINING FOR 
RADAR INSTRUCTORS 

(a) Each retraining course for certified radar 
instructors shall consist of a minimum of ^0 20 
hours of instruction and testing designed to pro- 
vide the instructor with the skills and knowledge 
to continue to proficiently perform the function 
of a criminal justice instructor. This course shall 
be presented within a period not to exceed one 
week. 

(c) Each radar instructor retraining course shall 
include but not be limited to the following topic 
areas and corresponding instructional hours and 
incorporate the corresponding minimum trainee 
performance objectives within the course curric- 
ulum: 

(1) Course Orientation: 2 Hours 1 Hour 

(A) registration and description of course; 

(B) review of the performance requirements 
for successful completion of the radar in- 
structor retraining course; 

(C) description of the objectives of the ra- 
dar instructor retraining course. 

(2) Speed Offenses and Speed Enforcement: 
2 Hours 1 Hour 

(A) review of the association between speed 
offenses and motor vehicle accidents; 



NORTH CAROLINA REGISTER 



ill 



PROPOSED RULES 



(B) review of speed regulations, including 
origin, development of and scope of these 
regulations; 

(C) review of safety benefits of effective 
speed enforcement. 

(3) Basic Principles of Radar Speed Measure- 
ment: 4 Hours 1 '/z Hours 

(A) review of the basic operating principles 
of stationary and moving radar; 

(B) review of the Doppler Principle as it 
relates to police radar; 

(C) review of factors that can affect radar 
accuracy. 

(4) Legal and Operational Considerations: i 
Hours 1 V'2 Hours 

(A) review of case law affecting the use of 
radar for speed measurement and en- 
forcement; 

(B) review of operator testing and calibrat- 
ing procedures; 

(C) review of required operating proce- 
dures of radar instruments. 

(5) Classroom Familiarization with Specific 
Radar Instruments: 6 1 louro 3 Hours 
Review the functions, testing, and cali- 
bration procedures for each specific in- 
strument. 

(4f Moot Court: 2 Hours 

(-Ar} review preparation trf complete aftd ef- 
fective direct testimony fof radar cases; 
fB-} review proper a«4 effective cross e*- 
aminution responses. 
<rh i£l Motor-Skill Performance Testing: 8 
Hours 

(A) demonstration of the ability to properly 
setup, test, calibrate and operate the radar 
instruments for which the instructor seeks 
re-certification in accordance with criteria 
specified on standardized performance 
evaluation forms; 

(B) demonstration of the ability to estimate 
vehicular speed in accordance with criteria 
specified on standardized performance 
evaluation forms. 

fSf {Jl North Carolina Administrative Code 
and Motor-Skill Forms: 2 Hours 

(A) review 12 NCAC 9 as to the require- 
ments and rules relating to radar, time- 
distance operator training, retraining, and 
certification; 

(B) review all SMI forms used in adminis- 
tering radar, time-distance training and 
certification courses. 

(^ £8} Written Test: 2 Hours 

Total: 3020 Hours 
Statutory Authority G.S. 17C-6. 



.0219 RE-CERTIFICATION TRAINING FOR 
TD/SMI INSTRUCTORS 

(a) Each retraining course for certified time- 
distance speed measurement instrument 
(TD/SMI) instructors shall consist of a minimum 
of 44 8 hours of instruction and testing in addi- 
tion to the requirements set forth in 12 NCAC 
9B .0218(a). This additional W 8 hours shall 
provide the instructor with the skills and know- 
ledge to continue to proficiently perform the 
function of a criminal justice instructor. This 
course shall be presented within a period not to 
exceed one week. 

(b) Each applicant for the time-distance in- 
structor retraining course shall: 

( 1 ) Meet the minimum entry requirements of 
12 NCAC 9B .0218(b) and in addition 
thereto shall have successfully completed 
the retraining courses of 12 NCAC 9B 
.0218(c). 

(2) Have been certified as a time-distance in- 
structor within the three years preceding 
the completion date of the retraining 
course. 

(c) Each time-distance instructor retraining 
course shall include all topic areas specified in 12 
NCAC 9B .0218(c). The additional W 8 in- 
structional hours in the time-distance instructor 
retraining course shall include but not be limited 
to the following topic areas and corresponding 
instructional hours and incorporate the corre- 
sponding minimum trainee performance objec- 
tives within the course curriculum: 

(4-) Overview »h4 Introduction te Time Bis 
tun co Speed Measurement Instruments: 
4-HewF 
(A-^ description ef the objectives &f t+*e 
TD/SMI retraining course; 

rTTy I \J f 1\J TT \7l 1 I IV I 'V, I 1 " ' I I 1 1" 1 1 W I C^J LI 1 1 V T T T~I T t~ 

k»f succ e ssful completion ef tke TD SMI 
instructor retraining course. 
f3) (_1} Basic Principles of Time-Distance 
Speed Measurement Instruments: 1 Hour 

(A) review of the basic principles of the 
TD/SMI; 

(B) review of the basic procedures used to 
calibrate TD, SMI; 

(C) review of the basic operating procedures 
for the TD/SMI. 

(4f (_2j Legal and Operational Considerations 
of Time- Distance Speed Measurement 
Instruments: 1 Hour 

(A) review of case law affecting TD/SMI; 

(B) review of required operating procedures 
for TD/SMI; 

(C) review of factors which may affect the 
selection of speed measurement sites. 



312 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(4) (3) Classroom Familiarization with Specific 

lime- Distance Speed Measurement In- 
struments: Vi Hour 

(A) review of required testing and cali- 
bration procedures for specific TD/SMI; 

(B) review all functions and controls of 
specific TD/SMI. 

(5) Moot Court: 4- Hew 

(A) roviow preparation ef complet e w*4 ef- 

i\,t 1 1 " \j u ii it i i v^T n rii^rrT rrrr i i j t c " ™ I ™ ccrrr^^^y 

(-ft) review proper a«4 effective orosu »*- 
amination rei . pon^ e o. 

(4>) [4] Motor-Skill Performance Testing: 4 '/i 
Hours 
demonstration of the ability to properly 
setup, test, calibrate, and operate the time- 
distance instrument for which the instructor 
seeks re-certification in accordance with cri- 
teria specified on standardized performance 
evaluation forms. 

f?) [51 Written Test: 1 Hour 

TOTAL 4-G 8 Hours 

Statutory Authority G.S. 17C-6. 

.0222 RE-CERTI1 ICATION COURSE FOR 
TD/SMI OPERATORS 

(d) Each time-distance operator re-certification 
course shall include the following topic areas and 
corresponding testing hours and incorporate the 
corresponding minimum trainee performance 
objectives within the course curriculum: 

(1) Course Orientation: Vi Hour 

(A) registration and description of course; 

(B) review of the performance requirements 
for successful completion of the TD/SMI 
operator re-certification course. 

(2) Legal and Operational Considerations: 
1 Vi Hours 

(A) review of operator testing and cali- 
bration procedures; 

(B) review of accepted required operating 
required procedures of time-distance in- 
struments. 

(3) Motor-Skill Performance Testing: 4 
Hours 

(A) demonstration of the ability to properly 
setup, test, calibrate, and operate the 
time-distance instruments for which the 
operator seeks re-certification in accord- 
ance with criteria specified on standard- 
ized performance evaluation forms; 

(B) demonstration of the ability to estimate 
vehicular speed in accordance with criteria 
specified on standardized performance 
evaluation forms. 

(4) Written Test 2 Hours 



TOTAL 8 Hours 

Statutory Authority G.S. 17C-6. 

.0224 BASIC TRAINING - DISTRICT/COUNTY 
CONFINEMENT FACILITY 

The basic training course for "Jailers" as pre- 
scribed in 12 NCAC 10 a* amended November 
+. 44^ by the North Carolina Sheriff's Educa- 
tion and Training Standards Commission is 
hereby adopted by reference, and shall automat- 
ically include any later amendments and editions 
of the adopted matter as authorized by G.S. 
1 5013- 14(c), to be the minimum basic training 
course required for district and county confine- 
ment facility personnel. Notice of successful 
course completion issued by the Justice Officers' 
Standards Division shall be sufficient to satisfy 
this requirement. 

Statutory Authority G.S. I7C-2; I7C-6; 17C-10. 

.0226 SPECIALIZED INSTRUCTOR TRAINING 
- FIREARMS 

(b) Each specialized firearms instructor training 
course shall be designed to provide the trainee 
with the skills and knowledge to perform the 
function of a criminal justice firearms instructor 
in a "Basic Recruit Training — Law 
Enforcement" course or a "Law Enforcement 
Officer's In-Service firearms Training and Qual- 
ification Program". 

(c) Each applicant for specialized firearms in- 
structor training shall: 

(1) have completed the criminal justice general 
instructor training course; and, 

(2) present a written endorsement by a certi- 
fied school director indicating the student 
will be utilized to instruct firearms in 
"Basic Recruit Training -- Law Enforce- 
ment" courses; or^ 

(3) present a written endorsement by a de- 
partment head or certified school director 
indicating the student will be utilized to 
instruct firearms in a "1 aw Liifo'vcinent 
Officer's In-Service Firearms Training and 
Qualification Program." 

(e) The "Specialized Firearms Instructor 
Training Manual" as published by the North 
Carolina Justice Academy is hereby adopted by 
reference, and shall automatically include any la- 
ter amendments and editions of the adopted 
matter as authorized by G.S 150B- 14(c), to ap- 
ply as the basic curriculum for delivery of spe- 
cialized firearms instructor training courses. 
Copies of this publication may be inspected at 
the agency: 



NORTH CAROLINA REGISTER 



313 



PROPOSED RULES 



Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

Statutory Authority G.S. I7C-6. 

.0227 SPECIALIZED INSTRUCTOR TRAINING 

- DRIVING 

(e) The "Specialized Driver Instructor Training 
Manual" as published by the North Carolina 
Justice Academy is hereby adopted by reference, 
and shall automatically include any later amend- 
ments and editions of the adopted matter as au- 
thorized bv G.S. 150B- 14(c), to apply as the 
basic curriculum for deliver,' of specialized driver 
instructor training courses. Copies of this publi- 
cation may be inspected at the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

Statutory Authority G.S. J7C-6. 

.0228 BASIC TRAINING: WILDLIFE 
ENFORCEMENT OFFICERS 

(c) The "Wildlife Basic Training Manual" as 
published by the North Carolina Wildlife Re- 
sources Commission is hereby adopted by refer- 
ence, and shall automatically include any later 
amendments and editions of Hoe adopted matter 
as authorized bv G.S. 150B- 14(c), to apply as the 
basic curriculum for delivery of wildlife enforce- 
ment officer basic training courses. 

Statutory Authority G.S. J7C-6; I7C-/0. 

.0231 BASIC TRAINING-PROBATION/ 
PAROLE INTENSIVE OFFICER 

In addition to the requirements for Basic 
Training for Probation Parole Officers and In- 
take Officers contained in Rule .0208 of this 
Section, ever)' Probation/ Parole Intensive Officer 
shall complete a supplemental training course 
contained in Rule .0223 of this Section, and the 
4-6S 154 -hour Probation/Parole advanced train- 
ing program. 

Statutory Authority G.S. I7C-6. 

.0232 SPECIALIZED INSTRUCTOR TRAINING 



- DEFENSIVE TACTICS 

(e) The "Specialized Defensive Tactics In- 
structor Training Manual" published by the 
North Carolina Justice Academy is hereby 
adopted by reference, and shall automatically in- 
clude any later amendments and editions of the 
adopted matter as authorized by G.S. 
150B-14(c), to apply as the basic curnculum for 
delivery of specialized defensive tactics instructor 
training courses. Copies of this publication may 
be inspected at the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

Statutory Authority G.S. I7C-6. 

.0233 SPECIALIZED INSTRUCTOR TRAINING 
- PHYSICAL FITNESS 

(a) The instructor training course required for 
specialized physical fitness instructor certification 
shall consist of a minimum of 40 hours of in- 
struction presented during a continuous period 
of not more than one week. 

(b) Each specialized physical fitness instructor 
training course shall be designed to provide the 
trainee with the skills and knowledge to perform 
the function of a criminal justice physical fitness 
instructor in a "Basic Recruit Training — Law 
Enforcement" Course. 

(c) Each applicant for specialized physical fit- 
ness training shall: 

(1) have completed the criminal justice general 
instructor training course; and 

(2) present a written endorsement by a certi- 
fied school director indicating the student 
will be utilized to instruct physical fitness 
in "Basic Recruit Training — Law En- 
forcement" courses; and 

(3) present a letter from a physician stating 
fitness to participate in the course. 

(d) Each specialized physical fitness instructor 
training course shall include as a minimum the 
following identified topic areas and niimmum 
instructional hours for each area: 

(1) Orientation - 1 Hour 

(2) Lesson Plan Review - 2 Hours 

(3) Physical Fitness Assessments, Exercise 
Programs and Instructional Methods - 26 
Hours 

(4) Injury Care and Prevention - 3 Hours 

(5) Nutrition - 3 Hours 

(6) Civil Liabilities for Trainers - 3 Hours 

(7) Examination - 2 Hours 



314 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(d) The "Physical Fitness Instructor Training 
Manual" as published by the North Carolina 
Justice Academy is hereby adopted by reference, 
and shall automatically include any later amend- 
ments and editions of the adopted matter as au- 
thorized by G.S. 150B- 14(c), to apply as the 
basic curriculum for delivery of specialized phys- 
ical fitness instructor training courses. Copies of 
this publication may be inspected at the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

(e) Commission-accredited schools that are 
accredited to offer the "Specialized Instructor 
Training -- Physical Fitness" course are: The 
North Carolina Justice Academy. 

Statutory Authority G.S. 17C-6. 

SECTION .0300 - MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE INSTRUCTORS 

.0304 SPECIFIC INSTRUCTOR 
CERTIFICATION 

(a) The commission may issue a Specific In- 
structor Certification to an applicant who has 
developed specific motor-skills and abilities by 
virtue of special training and demonstrated expe- 
rience in one or more of the following topical 
areas: 

(1) Defensive Tactics 

(2) Emergency Medical Services 

(3) Firearms 

(4) Law Enforcement Driver Training 

( 5 ) Physical Activities Physical Fitness 

(6) Firearms (DOC) 

(7) Unarmed Self-Defense (DOC/DYS) 

(8) Medical Emergencies (DYS) 

(b) To qualify for Specific Instructor Certif- 
ication, with the exception of the Emergency 
Medical Services and the Physical Fitness topical 
area as outlined in Rule .0304(c) and (d) of this 
Section, an applicant, as a minimum, must meet 
the following requirements: 

(1) hold General Instructor Certification, ei- 
ther probationary status or full general 
instructor status, as specified in Rule 
.0303 of this Section; and 

(2) successfully complete the pertinent com- 
mission-approved specific instructor 
training course; ef and 

(3) obtain the recommendation of a commis- 
sion-recognized school director. 



(c) To qualify for Specific Instructor Certif- 
ication in the Emergency Medical Services top- 
ical area, an applicant is not required to meet the 
standards for issuance of General Instructor Cer- 
tification, but as a minimum, must qualify 
through one of the following two options: 

(1) The first option is^ 

(A) (44 hold current CPR instructor certif- 
ication through either the American Red 
Cross or the American Heart Association; 
and 

(B) (24 hold current basic Emergency Med- 
ical Technician certification; and 

(C) (34 have successfully completed the De- 
partment of Transportation's 40 hour 
EMT Instructor Course or equivalent 
within the last three years or hold a cur- 
rent North Carolina teaching certificate. 
ef 

(2) The second option is^ 

(A) (44 hold General Instructor Certif- 
ication, either probationary status or full 
general instructor status, as specified in 
Rule .0303 of this Section; and 

(B) (-$4 hold current CPR instructor certif- 
ication through either the American Red 
Cross or the American Heart Association; 
and 

(C) (64 hold current basic EMT certification. 

(d) To qualify for Specific Instructor Certif- 
ication in the Physical Fitness topical area, an 
applicant may become certified through one of 
the following two methods: 

(1) The first method is. 

(A) hold General Instructor Certification, 



either probationary status or full general 
instructor status, as specified in Rule 
03(13 of this Section: am! 

(B) successfully complete the pertinent 
commission-approved specific instructor 
training course; and 

(C) obtain the recommendation of a com- 
mission-recognized school director. 

(2) The second method is^ 

(A) successfully complete the pertinent 
commission-approved specific instructor 
training course; and 
( B I obi. tin the recommendation of a com- 
mission-recognized school director; and 
(C) in addition to the requirements of both 
(2), (A) and (B) of this Rule, the applicant 
must meet one of the following qualifica- 
tions: 
(i) hold a current and valid North Ca- 
rolina Teachers Certificate and hold a 
minimum of a baccalaureate degree in 
physical education and be actively 



NORTH CAROLINA REGISTER 



315 



PROPOSED RULES 



teaching in physical education topics; 
or 
(li) be presently instructing physical ed- 
ucation topics in a community college, 
college or university and hold a mini- 
mum of a baccalaureate degree in phy- 
sical education. 
(ei Any existing commission-issued "Specific 
Instructor Certification - Physical Fitness" issued 
1^S9 is automatically extended 



prior to July 
with an expiration date of June 31), 1990. Any 
General Instructor haying successfully completed 
the Specialized Physical Fitness Instructor 
Course and not haying made application, must 
apply prior to July L 1991) m order for such 
course to be recognized for certification. 

fd+ (J) To qualify for Specific Instructor Certif- 
ication in the State Youth Services Medical 
Emergencies topical area, an applicant is not re- 
quired to meet the standards for issuance of 
General Instructor Certification, but as a mini- 
mum, must qualify in the following manner: 

( 1 ) haye successfully completed a commis- 
sion-accredited basic instructor training 
course or an equivalent instructor training 
course as determined by the commission 
within the 24 month period preceding ap- 
plication; and 

(2) hold current instructor certification in 
CPR and First Aid by fulfillment of the 
American Red Cross Instructor require- 
ments. 

Statutory Authority G.S. I7C-6. 

.0305 TERMS AND CONDITIONS OF 
SPECIFIC INSTRUCTOR 
CERTIFICATION 

(a) An applicant meeting the requirements for 
certification as a specific instructor shall, for the 
first 12 months of certification, be in a proba- 
tionary status. The Specific Instructor Certif- 
ication, Probationary Status, shall automatically 
expire 12 months from the date of issuance. 

(b) The probationary - instructor will be eligible 
for full specific instructor status at the end of the 
probationary period if the instructor, through 
application, submits to the commission: 

( 1 ) a favorable recommendation from a school 
director accompanied by certification on 
a commission-approved Instructor Evalu- 
ation Form that the instructor taught at 
least four hours in each of the topics for 
which Specific Instructor Certification, 
Probationary Status, was granted. Such 
instruction must have occurred in a com- 
mission-accredited course during the pro- 
bationary' period. The results of the 



student evaluation must be considered by 
the school director when determining the 
recommendation; or 

(2) a favorable written evaluation by a com- 
mission or staff member, based on an on- 
site classroom evaluation of the 
probationary instructor in a commis- 
sion-accredited course. Such evaluation 
will be certified on a commission-ap- 
proved Instructor Evaluation Form com- 
pleted for each of the topics where the 
probationary instructor taught a mini- 
mum of four hours and for which Specific 
Instructor Certification was granted; or 

(3) a favorable recommendation from a school 
director accompanied by certification on 
a commission-approved instructor Evalu- 
ation Form that the instructor taught at 
least four hours during the probationary 
penod in a law enforcement officers' in- 
service firearms training and qualification 
program. Such instruction must have 
occurred in a program that meets the 
specifications outlined in Rules 9E .0105 
and 9F .0106 or 12 NCAC 10B .2000; or 

(4j £3) in the case of the Department of Cor- 
rection's Specialized Firearms Instructors 
and Specialized Unarmed Self-Defense 
Instructors, a favorable written evaluation 
by a commission or staff member, or a 
staff member or designee of the Office of 
Staff Development and Training of the 
Department of Correction, based on an 
on-site classroom evaluation of the pro- 
bationary instructor in a commission-ac- 
credited course or a commission-approved 
DOC in-service firearms or unarmed self- 
defense course. Such evaluation will be 
certified on a commission-approved In- 
structor Evaluation Form completed for 
each of the topics where the probationary 
instructor taught a minimum of four 
hours and for which Specific Instructor 
Certification was granted; or 

(5) f4} in the case of the Division of Youth 
Services' Specialized Unarmed Self-De- 
fense Instructors and State Youth Services 
Medical Emergencies Instructors, a favor- 
able written evaluation by a commission 
or staff member, or a Staff Development 
Specialist of the Division of Youth Ser- 
vices, based on an on-site classroom eval- 
uation of the probationary instructor in a 
commission-accredited course. Such 

evaluation will be certified on a commis- 
sion-approved Instructor Evaluation 
Form completed for the topic where the 
probationary instructor taught a mini- 



316 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



mum of four hours and for which Specific 
Instructor Certification was granted, 
(c) The term of certification as a full specific 
instructor is two years from the date the com- 
mission issues the certification. The certification 
may subsequently be renewed by the commission 
for two-year periods. The application for re- 
newal shall contain, in addition to the require- 
ments listed in Rule .0304 of this Section, 
documentary evidence that the applicant has re- 
mained active in the instructional process during 
the previous two-year period. Such documentary 
evidence shall include, at a minimum, the fol- 
lowing: 

(1) proof that the applicant has, within the 
two-year period preceding application for 
renewal, instructed at least four hours in 
each of the topics for which Specific In- 
structor Certification was granted and 
such instruction must be in a commis- 
sion-accredited training course. Accepta- 
ble documentary evidence shall include 
official commission records submitted by 
school directors and written certification 
from a school director; and either 

(2) a favorable written recommendation from 
a school director accompanied by certif- 
ication that the instructor successfully 
taught at least four hours in each of the 
topics for which Specific Instructor Cer- 
tification was granted. Such teaching 
must have occurred in a commission-ac- 
credited training course during the two- 
year period of Specific Instructor 
Certification; or 

(3) a favorable evaluation by a commission 
or staff member, based on an on-site 
classroom evaluation of a presentation by 
the instructor in a commission-accredited 
training course, during the two-year pe- 
riod of Specific Instructor Certification. 
In addition, instructors evaluated by a 
commission or staff member must also 
teach at least four hours in each of the 
topics for which Specific Instructor Cer- 
tification was granted; or 

(4) a favorable recommendation from a school 
director accompanied by certification on 
a commission-approved Instructor revalu- 
ation Form that the instructor successfully 
taught at least four hours in a law en- 
forcement officers' in-service firearms 
training and qualification program during 
the two-year period of Specific Instructor 
Certification. Such instruction must have 
occurred in a program that meets the 
specifications outlined in Rules 9E .0105 
and 9E .0106 or 12 NCAC 10B .2000; or 



(5) (4) in the case of the Department of Cor- 

rection's Specialized Firearms Instructors 
and Specialized Unarmed Self- Defense 
Instructors, a favorable evaluation by a 
commission or staff member, or a staff 
member or designee of the Office of Staff 
Development and Training of the De- 
partment of Correction, based on an on- 
site classroom evaluation of the instructor 
in a commission-accredited training 
course or a commission-approved DOC 
in-service firearms or unarmed self-defense 
course. The instructor must have taught 
a minimum of four hours in each of the 
topics for which full Specific Instructor 
Certification was granted for the two-year 
period, or 

(6) f§) in the case of the Division of Youth 

Services' Specialized Unarmed Self- De- 
fense Instructors and State Youth Services 
Medical Emergencies Instructors, a favor- 
able written evaluation by a commission 
or staff member, or a Staff Development 
Specialist of the Division of Youth Ser- 
vices, based on an on-site classroom eval- 
uation of the instructor in a 
commission-accredited training course. 
The instructor must have taught a mini- 
mum of four hours in the topic for which 
full Specific Instructor Certification was 
granted for the two-year period. 

(d) All instructors shall remain active during 
their period of certification. If an instructor does 
not teach at least four hours in each of the topic 
areas for which certification is granted, the certif- 
ication shall not be renewed for those topics in 
which the instructor failed to successfully teach. 
Any specific instructor training courses previ- 
ously accepted by the commission for purposes 
of certification shall no longer be recognized if 
the instructor does not successfully teach at least 
four hours in each of the specific topics during 
the two-year period of which certification was 
granted. Upon application for re-certification, 
such applicants shall be required to meet the mi- 
nimum requirements of Rule .0304 of this Sec- 
tion. 

(e) The use of guest participants in a delivery 
of the "Basic Recruit Training—Law Enforce- 
ment Course" is permissible. However, such 
guest participants are subject to the direct on-site 
supervision of a commission-certified instructor 
and must be authorized by the school director. 
A guest participant shall only be used to com- 
plement the primary certified instructor of the 
block of instruction and shall in no way replace 
the primary instructor. 



NORTH CAROLINA REGISTER 



317 



PROPOSED RULES 



Statutory Authority G.S. I7C-6. 

.0310 TERMS AND CONDITIONS - SMI 
INSTRUCTORS 

(a) The term of a radar instructor or a radar 
and time-distance speed measurement instrument 
instructor is two years from the date the com- 
mission issues the certificate, unless sooner ter- 
minated by the commission. The certificate may 
be renewed for subsequent three year periods. 
The SMI instructor desiring renewal shall: 

(1) Hold general instructor certification as re- 
quired" in 12 NCAC 9B .0303. 

(2) Have been active in the SMI instructional 
process during the previous twe yea? cer- 
tification period. 

(3) Successfully complete a commission-ap- 
proved SMI instructor re-certification 
course as required in 12 NCAC 9B .0218 
or .0219. 

(b) All SMI instructors seeking re-certification 
shall successfully complete the re-certification 
course within 1 2 months from expiration of the 
initial certification period or re-certification pe- 
riod, but not sooner than six months prior to the 
expiration of the previous certification. If re- 
certification training is not obtained within the 
12-month period, successful completion of the 
appropriate instructor training program as re- 
quired in 12 NCAC 9B .0308 will be required to 
obtain instructor certification. This prescribed 
12-month period does not extend the instructor 
certification period. 

Statutory Authority G.S. I7C-6. 

SECTION .0400 - MINIMUM STANDARDS FOR 
COMPLETION OF TRAINING 

.0401 TIME REQUIREMENT FOR 

COMPLETION OF TRAINING 

(a) Each criminal justice officer, with the ex- 
ception of law enforcement officers, holding 
temporary or probationary certification shall sat- 
isfactorily complete a commission-accredited ba- 
sic training course which includes training in the 
skills and knowledge necessary to perform the 
duties of his office. The officer shall complete 
such course within one year from the date of his 
original appointment as determined by the date 
of the temporary or probationary certification. 

(b) Each law enforcement officer, except alco- 
hol law enforcement agents, holding temporary 
Bf probationary certification shall h* addition te> 
having satisfactorily completed the pre service 
basic training course a* proscribed i» 44 NCAC 
Oft 0205(b). have satisfactorily completed in its 
entirety the accredited basic training course as 
prescribed in 12 NCAC 9B .0205 &, (b) prior 



to obtaining probationary certification, ^T-he e4- 
fi*ef shall complete - ouch course within e«e yeaf 
from t4*e date &f ht* original appointment as de- 
termined by the date »f the temporary »f proba 
tionary certification. 

(c) Each alcohol law enforcement agent hold- 
ing temporary or probationary certification shall, 
in addition to having satisfactorily completed the 
pre-service basic training course as prescribed in 
12 NCAC 9B .0205(b) or having satisfactorily 
completed the first eleven weeks of the Basic 
Training: Alcohol Law Enforcement Agent's 
course stipulated in 12 NCAC 9B .0217(b), sat- 
isfactorily complete in its entirety the accredited 
basic training course as prescribed in 12 NCAC 
9B .0217(b). The agent shall complete such 
course within one year from the date of his ori- 
ginal appointment as determined by the date of 
the temporary or probationary certification. 

(d) If a law enforcement officer completed the 
basic training course prior to being employed as 
a law enforcement officer, the officer shall be 
sworn within one year of the completion of 
training for that training to be recognized under 
these Rules. 

(e) If local confinement personnel complete 
basic training prior to being employed by a facil- 
ity, such personnel shall be appointed within one 
year of the completion of training for that train- 
ing to be recognized under these Rules. 

Statutory Authority G. S. 17C-2; 17C-6; 17C-10. 

.0403 EVALUATION FOR TRAINING WAIVER 

(a) The division staff shall evaluate each law 
enforcement officer's training and experience to 
determine if equivalent training has been satis- 
factorily completed as specified in Rule .0402(a). 
Applicants for certification with prior law en- 
forcement experience shall have been employed 
in a full-time, sworn law enforcement position in 
order to be considered for training evaluation 
under this Rule. Applicants for certification with 
a combination of full-time and part-time experi- 
ence shall be evaluated on the basis of the full- 
time experience only. The following criteria shall 
be used by division staff in evaluating a law en- 
forcement officer's training and experience to de- 
termine eligibility for a waiver of training 
requirements: 

( 1 ) Persons having completed a commis- 
sion-accredited pre service basic training 
program and not having been duly ap- 
pointed as a sworn law enforcement offi- 
cer within one year of completion of the 
program shall complete a subsequent 
commission-accredited pr e s e rvic e basic 
training program in its entirety prior to 



318 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



obtaining probationary law enforcement 
certification. 

(2) Persons who separated from law enforce- 
ment employment during their proba- 
tionary period and who have been 
separated from a sworn law enforcement 
position for more than one year shall 
complete a subsequent pro ni'rvico basic 
training program in its entirety prior to 
obtaining another probationary certif- 
ication. 

(3) Out-of-state transferees shall be evaluated 
to determine the amount and quality of 
their training and experience. Out-of- 
state transferees cannot have a break in 
service exceeding one year. At a mini- 
mum, out-of-state transferees shall ha- 
vetwo years full-time, sworn law 
enforcement experience and have success- 
fully completed a basic law enforcement 
training course accredited by the State 
from which he is transferring. At a mini- 
mum, out-of-state transferees shall suc- 
cessfully complete a 
commission-accredited training program 
which includes the following enumerated 
topics of North Carolina law and proce- 
dure and shall successfully pass the State 
Comprehensive Examination in its en- 
tirety within the 12 month probationary 
period as prescribed in 12 NCAC 9B 
.0401(b). 

Laws of Arrest, Search 

and Seizure - 16 Hours 
Elements of Criminal 

Law - 24 Hours 
Juvenile I^aws and 

Procedures - 8 Hours 
Controlled Substances - 6 Hours 
ABC l^ws and Procedures - 4 Hours 
Motor Vehicle Laws - 20 Hours 
Firearms Qualification (only) 

(Handgun and Shotgun Courses) 

Total - 78 Hours 

(4) Poroons »«t &( the taw enforcement pro 
fossion Persons who have completed a 
minimum 369-hour basic law enforcement 
training program accredited by the North 
Carolina Criminal Justice Education and 
Training Standards Commission under 



guidelines administered beginning October 
1^ 1984 and have been separated from a 
sworn position for over one year but less 
than three years who have had a mini- 
mum of two years experience as a full- 



time, sworn law enforcement officer in 
North Carolina shall successfully com- 
plete the refresher training enumerated in 
Item .0403(a)(3) and shall successfully 
pass the State Comprehensive Examina- 
tion in its entirety within the 12 month 
probationary' period as prescribed in 12 
NCAC 9B 0401(b). 

(5) Persons out of the law enforcement pro- 
fession for over one year but less than 
three years who have had less than two 
years experience as a full-time, sworn law 
enforcement officer in North Carolina 
shall complete a commission-accredited 
basic training program in its entirety and 
successfully pass the State Comprehensive 
Examination, within the 44 month pfe- 
butionary period as prescribed i» 4-3 
NCAC m .0101(b). 

(6) Persons out of the law enforcement pro- 
fession for over three years regardless of 
prior training or experience shall complete 
a commission-accredited basic training 
program in its entirety and shall success- 
fully pass the State Comprehensive Ex- 
amination, within the 4-3 month 
probationary period as prescribed i» 4-3 
NCAC OB .0101(b). 

(7) Persons having completed a commis- 
sion-accredited basic training program and 
not having been duly appointed as a 
sworn law enforcement officer within one 
year of completion of the basic training 
program shall complete a subsequent 
commission-accredited basic training pro- 
gram in its entirety and successfully pass 
the State Comprehensive Examination. 
within the 43 month probationary period 
as proscribed m U NCAC QB .0 101(b). 

(8) Persons who separated from law enforce- 
ment employment during their proba- 
tionary period after having completed a 
commission-accredited basic training pro- 
gram and who have separated from a 
sworn law enforcement position for more 
than one year shall complete a subsequent 
commission-accredited basic training pro- 
gram in its entirety and successfully pass 
the State Comprehensive Examination. 
within the 4-3 month probationary period 
**, nrer.crihed m 4-3 NCAC. £LB 101 1 hi 

(9) Persons who separated from a sworn law 
enforcement position during their proba- 
tionary period after having successfully 
paosod the State Comprehensive Exam 
ination co mplete d a commission-accre- 



dited basic 



program and who 



have separated from a sworn law enforce- 



NORTH CAROLINA REGISTER 



U9 



PROPOSED RULES 



ment position for less than one year shall 
serve a new 12 month probationary pe- 
riod, but need not complete an additional 
training program. 

(10) Persons who have completed a minimum 
160-hour basic law enforcement training 
program accredited by the North Carolina 
Criminal Justice Training and Standards 
Council under guidelines administered 
beginning on July 1, 1973 and continuing 
through September 30, 1978 and who 
have separated from a sworn law enforce- 
ment position for over one year but less 
than two years shall be required to com- 
plete the following portions of a commis- 
sion-accredited basic training program and 
successfully pass the State Comprehensive 
Examination within the 12 month proba- 
tionary period as prescribed in 12 NCAC 
9B .0401(b). 

Juvenile laws ttftd Procedures - & Houro 

Firearms - 40 Houro 

Patrol Technique - 44 Hours 

Crisis Management - 4-0 Houro 

Deviant Behavior - 44 Hours 

Criminal Investigations - 3& Hours 

Electrical a«4 Hazardous Material 

Emergencies - 6 Hours 
l-*iw- Enforcement Driver 

Training - 44 Hours 
laws of Arrest, 

Search and Seizure - \6 Hours 
Elements of Criminal Law -_ 24 Hours 
Juvenile Laws and 

Procedures - 8 Hours 
Controlled Substances - 6 Hours 
ABC 1 aws and Procedures - 4 Hours 
Motor Vehicle I aws - 20 1 lours 
Law Enforcement Driver 

Training - ]_6 Hours 
Firearms Qualification (Handgun 

and Shotgun Courses) 

Total 94 Hours 

(11) Persons who have completed a minimum 
160-hour basic law enforcement training 
program accredited by the North Carolina 
Criminal Justice Training and Standards 
Council under guidelines administered 
beginning on July 1, 1973 and continuing 
through September 30, 1978 and have 
been separated from a swom law enforce- 
ment position for over two years shall be 
required to complete a current commis- 
sion-accredited basic training program in 
its entirety regardless of training and ex- 
perience and shall successfully pass the 



State Comprehensive Examination. 
within the +3 month probationary period 
as prouonbod m 43 NCAC 9ft 0101(b). 

(12) Persons who have completed a minimum 
240-hour basic law enforcement training 
program accredited by the North Carolina 
Criminal Justice Education and Training 
Standards Commission under guidelines 
administered beginning October 1, 1978 
and continuing through September 30, 
1984 and have been separated from a 
sworn position over one year but less than 
three years shall be required to complete 
the following portions of a commission- 
accredited basic training program and 
successfully pass the State Comprehensive 
Examination within the 12 month proba- 
tionary period as prescribed in 12 NCAC 
9B .0401(b). 

Laws of Arrest, 

Search and Seizure - 16 Hours 
Elements of Criminal Law - 24 Hours 
Juvenile Laws and 

Procedures - 8 Hours 
Deviant Bohavior - 44? Hours 
Controlled Substances - 6 Hours 
ABC Laws and Procedures - 4 Hours 
Motor Vehicle Laws - 20 Hours 
Firearms Qualification(efl4y) 
(Handgun and Shotgun Courses) 

Total 78 Hours 

(13) Persons who have completed a minimum 
240-hour basic law enforcement training 
program accredited by the North Carolina 
Criminal Justice Education and Training 
Standards Commission under guidelines 
administered beginning October 1, 1978 
and continuing through September 30, 
1984 and have been separated from a 
sworn position over three years shall be 
required to complete a current commis- 
sion-accredited basic training program in 
its entirety regardless of prior training and 
experience and shall successfully pass the 
State Comprehensive Examination. 
within the 4-3 month probationary period 
as proscribed t» 43 NCAC OB .0101(b). 

(14) Persons previously holding law enforce- 
ment certification in accordance with G.S. 
17C- 10(a) who have been separated from 
a swom law enforcement position for over 
one year and who have not previously 
completed a minimum 160-hour basic law 
enforcement training program accredited 
by the North Carolina Criminal Justice 
Training and Standards Council under 



320 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



guidelines administered beginning on July 
1, 1973 and continuing through Septem- 
ber 30, 1978 or have not previously com- 
pleted a minimum 240-hour basic law 
enforcement training program accredited 
by the North Carolina Criminal Justice 
Education and Training Standards Com- 
mission under guidelines administered be- 
ginning on October 1, 1978 and 
continuing through September 30, 1984 
shall be required to complete a commis- 
sion-accredited basic training program in 
its entirety and shall successfully pass the 
State Comprehensive Examination. 
within t4w 44 month probationary period 
a* prescribed m 44 NCAC OR .0401(b). 

(15) Persons who have completed training as 
a federal law enforcement officer and are 
appointed as a sworn law enforcement 
officer in North Carolina shall be required 
to complete a commission-accredited ba- 
sic training program in its entirety and 
shall successfully pass the State Compre- 
hensive Examination. within the 44 
month probationary period a* prescribed 
i» U NCAC Oft .0101(b) regardless ef 
previous federal training «*4 experience. 

(16) Applicants with part-time experience 
who have a break in service in excess of 
one year shall serve a new probationary 
period as prescribed in 12 NCAC 9B 
.0401(b) and shall complete a commis- 
sion-accredited basic training program in 
its entirety and shall successfully pass the 
State Comprehensive Examination. 
within tke prescribed probationary period. 

(17) Applicants who hold or previously held 
certification issued by the North Carolina 
Sheriffs' Education and Training Stand- 
ards Commission shall be subject to eval- 
uation of their prior training and 
experience on an individual basis. The 
division stall shall determine the amount 
of training required of these applicants. 

(18) Alcohol law enforcement agents who se- 
parate from employment with the Divi- 
sion of Alcohol Law Enforcement and 
transfer to another law enforcement 
agency in a sworn capacity shall be sub- 
ject to evaluation of their prior training 
and experience on an individual basis. 
The division staff shall determine the 
amount of training required of these ap- 
plicants. 

(19) Wildlife enforcement officers who sepa- 
rate from employment with the Wildlife 
Enforcement Division and transfer to an- 
other law enforcement agency in a sworn 



capacity shall be subject to evaluation of 
their prior training and experience on a 
individual basis. The division staff shall 
determine the amount of training required 
of these applicants. 

Statutory Authority G.S. I7C-2; 17C-6; 17C-I0. 

.0404 TRAINEE ATTENDANCE 

(a) Each trainee enrolled in an accredited "Ba- 
sic Recruit Training — Law Enforcement" course 
&f a Pre Service Training courso t*F a Probation 
af¥ Training course shall attend all class sessions. 
The trainee's department head shall be responsi- 
ble for the trainee's regular attendance at criminal 
justice training courses in which the trainee is 
enrolled. 

Statutory Authority G. S. 17C-2; 17C-6; 17C-10. 

.0405 COMPLETION OE BASIC TRAINING 
- LAW ENFORCEMENT COURSE 

(a) Each delivery of an accredited basic recruit 
training course is considered to be a unit. Each 
trainee shall attend and satisfactorily complete 
the full course during a scheduled delivery. The 
Director of the Standards Division may issue 
prior written authorization for a specified train- 
ee's limited enrollment in a subsequent delivery 
of the same course where the trainee provides 
evidence that: 

(1) The trainee attended and satisfactorily 
completed specified class hours and topics 
of the "Basic Recruit Training -- Law 
Enforcement" course »f Ae Pr e Sen ice 
Training course ef the Probationary 
Training course but through extended ab- 
sence occasioned by illness, accident, 
emergency, or other good cause was ab- 
sent for more than 10 percent of the total 
class hours of the course offering; or 

(2) The trainee was granted excused absences 
by the school director that did not exceed 
ten percent of the total class hours for the 
course offering and the school director 
could not schedule appropriate make-up 
work during the current course offering as 
specified in Rule 9B .0404(c), due to valid 
reasons; or 

(3) The trainee participated in an accredited 
course but had an identified deficiency in 
essential knowledge or skill in either one, 
two or three, but no more than three, of 
the specific topic areas incorporated in 
course content as prescribed under Rule 
9B .0205. 

(4*4 Aft authorization e4- limit e d enrollment i» 
a subsequent d e livery ȣ t4*e Probationary Train 



NORTH CAROLINA REGISTER 



321 



PROPOSED RULES 



tog course may Bet- be i&ouod by- toe Dirootor 
unions ift addition to the ovidonoo required by 
Paragraph (a) ef tois Rule: 
(44. : Pbe department hoad ef tbe agoncy em- 
ploying toe trainoo oubmito a writton Fe- 
quost to toe Director, justifying toe 
limited enrollment em4 oortifying tbet toe 
trainoo 's subsoquont onrollmont with 
oommonoomont ef activo course partic 
i potion shall be accomplished within the 
period ef toe trainee's probationary cert if 
ication; &ft4 
(4) T4*» school director ef toe previous couroo 
offering submits to toe Dirootor ft cortif 
ication ef toe particular topics aft4 class 
hours attended a«4 satisfactorily com 
pleted by toe trainoo during toe original 
e nrollment. 
fe) (bj An authorization of limited enrollment 
in a subsequent delivery of the "Basic Recruit 
Training -- Law Enforcement" course ©* toe 
Pr e S e rvic e Training cours e may not be issued 
by the director unless in addition to the evidence 
required by Paragraph (a) of this Rule: 

(1) The school director of the previous course 
offering submits to the director a certif- 
ication of the particular topics and class 
hours attended and satisfactorily com- 
pleted by the trainee during the original 
enrollment; and 

(2) The trainee makes written application to 
the director for authorization of limited 
enrollment. 

(44 (c} An authorization of limited enrollment 
in a subsequent course delivery permits the trai- 
nee to attend an offering of the "Basic Recruit 
Training -- Law Enforcement" course com- 
mencing within 120 calendar days from the last 
date of trainee participation in prior course de- 
livery. 

(1) The trainee need only attend and satisfac- 
torily complete those portions of the 
course which were missed or were identi- 
fied by the school director as areas of 
trainee deficiency in the prior course par- 
ticipation. 

(2) Following proper enrollment in the sub- 
sequent course offering, scheduled class 
attendance, and active participation with 
satisfactory achievement in the course, the 
trainee would be eligible for adminis- 
tration of the comprehensive written ex- 
amination by the commission and 
possible certification of successful course 
completion. 

(e+ (d) A trainee who is deficient in four or more 
subject-matter or topical areas at the conclusion 



of the course delivery shall complete a subse- 
quent program in its entirety. 

Statutory Authority G. S. 17C-6; PC- 10. 

.0406 COMPREHENSIVE WRITTEN 

EXAMINATION-BASIC RECRUIT 
TRAINING 

(a) At the conclusion of a school's offering of 
the "Basic Recruit Training — Law 
Enforcement" course in its entirety, e* at toe 
conclusion ef- each ooparablo f**rt ef toe courso: 
to wit? Pr e Sorvic e Training a*4 Probationary 
Training an authorized representative of the 
commission shall administer a comprehensive 
written examination to each trainee who has sat- 
isfactorily completed all of the required course 
work. A trainee cannot be administered the 
comprehensive written examination until such 
time as all of the pertinent course work is com- 
pleted. 

Statutory Authority G. S. 17C-6; I7C-/0. 

.0407 SATISFACTION OF MINIMUM 
TRAINING REQUIREMENTS 

To satisfy the minimum training requirements 
for certification as a law enforcement officer, a 
trainee shall: 

(1) achieve a score of 70 percent correct an- 
swers on the commission - administered 
comprehensive written examination, (e} 
provided in Rule .0406 of this Subchapter; 

(2) demonstrate successful completion of an 
accredited offering of the "Basic Recruit 
Training — Law Enforcement" course e* 
each ef rt& frwe separata parts as shown by 
the certification {&} of the school director; (s^ 

(3) demonstrate proficiency in all motor-skill 
and performance subjects by achieving the 
minimum passing grades as specifically es- 
tablished in each of the topical areas in the 
commission - adopted "Basic Law Enforce- 
ment Training Manual"; and 

(4) obtain the recommendation {&} of the 
trainee's school director (s4, that the trainee 
possesses at least the minimum degree of 
general attributes, knowledge, and skill to 
function as an inexperienced law enforce- 
ment officer. 

Statutory Authority G. S. 17C-6; 17C-10. 

.0414 COMPREHENSIVE WRITTEN EXAM 

-SPECIALIZED INSTRUCTOR TRAINING 

(a) At the conclusion of a school's offering of 
the "Specialized Instructor Training - Firearms" 
course, the "Specialized Instructor Training - 
Driving" course, the "Specialized Instructor 



322 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Training - Defensive Tactics" course, the "Spe- 
cialized Instructor Training - Physical Fitness" 
course, the "Radar Instructor Training Course," 
the "Criminal Justice TD/SMI Instructor Train- 
ing Course," the "Re-Certification Training for 
Radar Instructors" course, and the "Re-Certifi- 
cation Training for TD/SMI Instructors" course, 
in its entirety, an authorized representative of the 
commission shall administer a comprehensive 
written examination to each trainee who has sat- 
isfactorily completed all of the required course 
work. A trainee cannot be administered the 
comprehensive written examination until such 
time as all of the pertinent course work is com- 
pleted. 

Statutory Authority G.S. 17C-6; 17C-10. 

.0415 SATISFACTION OF MINIMUM 
TRAINING - SPECIALIZED 
INSTRUCTOR 

(a) To acquire successful completion of the 
"Specialized Instructor Training - Firearms" 
course, the "Specialized Instructor Training - 
Driving" course, af>4 the "Specialized Instructor 
Training - Defensive Tactics" course, and the 
"Specialized Instructor Training ; Physical Fit- 
ness" course, the trainee shall: 

(1) satisfactorily complete all required course- 
work as specified in the course abstract of 
the "Specialized Firearms Instructor 
Training Manual," the "Specialized Dri- 
ver Instructor Training Manual," a«4 the 
"Specialized Defensive Tactics Instructor 
Training Manual," and the "Specialized 
Physical Fitness Instructor Training Ma- 
nual" as published by the North Carolina 
Justice Academy; and, 

(2) demonstrate proficiency in all required 
motor-skill and performance subjects as 
specified in each specialized instructor 
training manual; and, 

(3) achieve a score of 75 percent correct an- 
swers on a comprehensive written exam- 
ination. 

Statutory Authority G.S. 17C-6; 17C-I0. 

SECTION .0600 - CERTIFICATION OF 

POSTSECONDARY CRIMINAL JUSTICE 

EDUCATION PROGRAMS 

.0603 LEVELS OF APPROVAL 

(b) The "Certification Guidelines Manual For 
Postsecondary Criminal Justice Programs" as 
published by the commission is hereby adopted 
by reference, and shall automatically include any 
later amendments and editions of the adopted 
matter as authorized by G.S. 15013- 14(c), to 



provide specific information about the postse- 
condary criminal justice education certification 
process as administered by the commission. 
Copies of this publication may be inspected at 
the office of the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 

Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

and may be obtained at cost from the Standards 
Division. 

Statutory Authority G.S. l7C-6(b)( 10). 

SUBCHAPTER 9C - ADMINISTRATION OF 

CRIMINAL JUSTICE EDUCATION AND 

TRAINING STANDARDS 

SECTION .0300 - CERTIFICATION OF 
CRIMINAL JUSTICE OFFICERS 

.0303 PROBATIONARY CERTIFICATION 

(d) Before a prospective law enforcement offi- 
cer, except alcohol law enforcement agents ap- 
pointed by the Secretary of Crime Control and 
Public Safety as authorized under General Stat- 
utes 18B-500, can be issued a probationary cer- 
tification, the prospective officer must have 
successfully completed the required Pro Servic e 
basic training course stipulated in 1 2 NCAC 9B 
.0205(b). 

(e) Before a prospective alcohol law enforce- 
ment agent can be issued a probationary certif- 
ication, the prospective officer must have 
successfully completed the required Pro Service 
basic training course stipulated in 12 NCAC 9B 
.0205(b) or must have successfully completed the 
first eleven weeks of the Basic Training: Alcohol 
Law Enforcement Agent's course stipulated in 
12 NCAC 9B .0217(b). 

Statutory Authority G.S. 17C-6; 17C-10. 

.0304 GENERAL CERTIFICATION 

(d) General certification is continuous from the 
date of issuance, so long as: 

(1) The certified officer remains continuously 
employed or appointed as a criminal jus- 
tice officer in good standing with an 
agency and the certification has not been 
terminated for cause; or 

(2) The certified officer, having separated in 
good standing from a criminal justice 
agency, is re-appointed or re-employed as 
a criminal justice officer within one vear, 



NORTH CAROLINA REGISTER 



323 



PROPOSED RULES 



and the certification has not been termi- 
nated for cause; and 
(3) The certified officer meets the in-service 
training requirements as prescribed in 12 
NCAC 9E during each full calendar year 
of certification. 

Statutory Authority G.S. I7C-2; 17C-6; I7C-I0. 

.0306 LATERAL TRANSFER OF LAW 
ENFORCEMENT OFFICERS 

(b) Prior to transfer of certification, the law 
enforcement officer shall: 

(1) complete a Medical History Statement 
Form within 1 20 days prior to the transfer 
to the employing agency; 

(2) submit to examination by a physician li- 
censed to practice medicine in North Ca- 
rolina in the same manner prescribed for 
non-certified new applicants in 12 NCAC 
9B .0104 within 120 days pnor to the 
transfer to the employing agency; 

(3) submit results of the physical examination 
to the employing agency for placement in 
the officer's permanent personnel file; and 

(4) submit a copy of the commissions annual 
in-service training report form to the em- 
ploying agency for placement in the offi- 
cer's permanent personnel file when the 
duty and off duty weapon(s) remain the 
same as those previously used to qualify. 
Such in-service training compliance must 
have occurred within the 12 month period 
preceding transfer; or 

ytti^tdctpnlv complete the emplo\ ing 
agency's in-service firearms training pro- 
gram as prescribed in Rules 9E .0105 and 
9E .0106. 



15) 



Statutory Authority G.S. 17C-6; I7C-10. 

.0307 AGENCY RETENTION OF RECORDS OF 
CERTIFICATION 

Each agency shall place in personnel files the 
official notification from the commission of ei- 
ther probationary or general certification for each 
criminal justice officer employed or appointed by 
the agency. Such files shall be available for twt- 
aminiation examination at any reasonable time 
by representatives of the commission for the 
purpose of verifying compliance with these 
Rules. The personnel files shall also contain: 

(1) the officer's Personal History Statement; 

(2) the officer's Medical History Statement and 
Medical Examination Report; 

(3) a written summary of the Background In- 
vestigation conducted on the officer; 



(4) a written summary of the officer's Quali- 
fications Appraisal Interview; 

(5) documentation of the officer's educational 
achievements; 

(6) documentation of all criminal justice train- 
ing completed by the officer; a«4 

(7) the results of the officer's fingerprint record 
check; and 

(8) for the law enforcement officer, documen- 
tation on a commission-approved form that 
the officer has completed the minimum in- 
service training as required. 

Statutory Authority G.S. 17C-2; 17C-6; I7C-10. 

.0310 AGENCY REPORTING OF DRUG 
SCREENING RESULTS 

(a) Each agency shall report to the Criminal 
Justice Standards Division all positive results of 
drug screening obtained pursuant to 12 NCAC 
9B .0101(5). 

(b) Each agency, if it conducts a drug screen for 
other than an applicant physical or a lateral 
transfer physical, shall report to the Criminal 
Justice Standards Division to the extent the drug 
screen conducted conforms to 12 NCAC 9B 
.0101(5)(a), (c), (e), and(f). 

Statutory Authority G.S. 17C-6: 17C-10. 

SECTION .0500 - MINIMUM STANDARDS FOR 

ACCREDITATION OF ASSOCIATE OF 

APPLIED SCIENCE DEGREE PROGRAMS 

INCORPORATING BASIC LAW 

ENFORCEMENT 

TRAINING 

.0501 PURPOSE AND REQUIREMENTS OF 
ACCREDITATION (REPEALED) 

.0502 DELIVERY OF PROGRAMS 
(REPEALED) 

.0503 STUDENTS (REPEALED) 

.0504 INSTRUCTORS (REPEALED) 

.0505 POST-DELIVERY TRAINING COURSE 
REPORT (REPEALED) 

Statutory Authority G.S. 17C-6. 

SECTION .0600 - EQUIPMENT AND 
PROCEDURES 

.0602 TESTING: ACCURACY 

All radio microwave (radar) and time-distance 
speed measuring instruments, tuning forks and 
stopwatches shall be tested for accuracy by a 
technician possessing at least a valid second class 
or general radiotelephone license from the Fed- 
eral Communications Commission or a certif- 
ication issued by organizations or committees 
endorsed by the Federal Communications Com- 



324 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



mission. These tests shall be conducted at least 
ev e ry st* months in accordance with the require- 
ments prescribed in G.S. 8-50.2. livery person 
testing speed-measuring instruments, tuning 
forks, or stopwatches shall test said equipment in 
accordance with G.S. 8-50.2, 12 NCAC 9C 
.0602, .0603 and .0604. The results of the above 
tests shall be recorded on forms provided by the 
commission 

Statutory Authority G.S. 8-50.2; 17C-6. 

.0603 TESTING: RADIO MICROWAVE 
(RADAR) 

(a) The minimum specific test for radio mi- 
crowave (radar) shall include: 

(1) Transmission Frequency Test. X-Band 
and K-Band instruments when operated 
at the standard supply voltage, the trans- 
mission frequency shall be within plus- 
minus .2 percent of the assigned frequency 
as specified in Subchapter 90.103, para- 
graph 22 of the F.C.C. rules and regu- 
lations. 
Accuracy Test F'sing Tunina Fork The 



(2) 



technician testing each radar instrument 
shall test each instrument against the op- 
erator calibration and testing for accuracy 
procedures required bv G.S. 17-C-6( 13) 



and G.S. 8-50. 2(b)(4) for each approved 
instrument. 
(A) Ah 1 radar instruments (K Band a«4 
X Band) when placed m the stationary 
mode, shall respond te the si gnals from 
the tuning fofk- within plus minus »«e 
mph et the correct value. 
fB} AH- radar instruments (K Band a&4 
X Band) when placed fo the moving 
mode, shall simultan e ously respond to the 
signals from tw-» vibrating tuning forks ef 
different frequencies. »ft4 shall display the 
calibration speed designated fe* the lower 
frequency tuning fofk- as the patrol vehicle 
speed, a«4 the difference between the eah 
ibiation speed designat e d fof the higher 
frequency tuning huh a«4 that »f the 
lower frequency tuning fofk- as the target 
vehicle speed, both displac e d speeds -. hall 
he within plus minus e*e mph e£ the 
correct values. 
(b) During the radio microwave (radar) si* 

month accuracy test the technician shall test each 

instrument to determine that the: 

(1) Automatic operate function is discon- 
nected. 

(2) Automatic alarms, audio and visual is 
disconnected. 



(3) Automatic locking capability is discon- 
nected. 

(4) Instrument does not provide an external 
control that would permit the adjustment 
or correction of the zero or calibration 
readings. 

(5) The "High Speed Lock" function is dis- 
connected. 

(6) If the above five functions have not been 
disconnected the radio microwave (radar) 
instrument shall not pass the six month 
test. 

Note: The automatic functions that shall be 
disconnected are any and all automatic vio- 
lation alarm or lock capabilities that occur 
prior to the speed measuring instrument be- 
ing manually locked by the operator, 
(c) Tuning Fork Accuracy Test 

(1) Every tuning fork K-Band and X-Band 
used to determine radio microwave (radar) 
accuracy shall be tested by a technician 
possessing at least a valid second class or 
general radiotelephone license from the 
Federal Communications Commission or 
a certification issued bv organizations or 
committees endorsed by the Federal 
Communications Commission. This test 
shall be conducted at least every st* 
months, in accordance with the require- 
ments prescribed in G.S. 8-50.2. 

(2) When tested in accordance with (c)(1) of 
this Rule the frequency of vibration shall 
read within plus-minus .75 mph of that 
speed stamped on the tuning fork. 

(3) All tuning forks that are not stamped with 
a serial number for identification purposes 
shall be so impressed on the handle or 
heel, not on the tine portion, by the test- 
ing technician. The serial number is to 
be the same as the serial number on the 
radar amplifier, radar control cabinet, ra- 
dar antenna or such other identifying 
number as assigned by the owning agency. 

Statutory Authority G.S. 17C-6. 

.0604 TESTING: TIME-DISTANCE 

(b) Stopwatch Accuracy Test 
(1) Every stopwatch used to enter a known 
amount of time into the time-distance 
speed-measuring instrument computer to 
determine accuracy shall be tested by a 
technician possessing at least a valid sec- 
ond class or general radiotelephone license 
from the Federal Communications Com- 
mission or a certification issued bv organ- 
izations or committees endorsed bv the 
Federal Communications Commission. 



NORTH CAROLINA REGISTER 



325 



PROPOSED RULES 



This test shall be conducted a4- k?#4 ovory 
m* month; . , in accordance with the re- 
quirements prescribed in G.S. 8-50.2. 
(2) 1 he stopwatch shall be hand held, with a 
total time accumulation of at least five 
minutes. The stopwatch shall be accurate 
within plus-minus one second in five mi- 
nutes. 

Statutory Authority G.S. 17C-6. 

.0605 OPERATING PROCEDURES 

The operating procedures and operator cali- 
bration and testing for accurancy procedures as 
outlined in Appendix "A" of the Radar Operator 
Training and Time- Distance Operator Training 
Course Manuals published by the North Caro- 
lina Justice Academy (1982) are hearby adopted 
by reference, and shall automatically include any 
later amendments and editions of the adopted 
matter as authorized bv G.S. 150B-14(c). Copies 
of the above are available for review at the De- 
partment of Justice, Criminal Justice Standards 
Division, Raleigh, North Carolina and at cost 
from the North Carolina Justice Academy, Post 
Office Drawer 99, Salemburg, North Carolina 
28385. 

Statutory Authority G.S. I7C-6. 

SUBCHAPTER 9E - IN-SERVICE TRAINING 
PROGRAMS 

SECTION .0100 - LAW ENFORCEMENT 
OFFICER'S IN-SERVICE TRAINING PROGRAM 

.0101 PURPOSE 

In order to ensure a minimum level of profi- 
ciency in specific topical areas for law enforce- 
ment officers serving the governmental agencies 
within the state, the commission establishes the 
law enforcement officers' annual in-service train- 
ing program. 

Statutory Authority G.S. 17C-6; I7C-10. 

.0102 TOPICAL AREAS 

The following topical areas are hereby estab- 
lished as minimum topics to be included in the 
law enforcement officers' annual in-service train- 
ing program: 

(1) Firearms Training and Qaulification. 

Statutory Authority G.S. I7C-6; 17C-10. 

.0103 DEPARTMENT HEAD 
RESPONSIBILITIES 

The department head is responsible for ensuring 
that the annual in-service firearms training is 



conducted according to minimum specifications 
as outlined in Rules' 9F .0105 and 9E .0106. in 
addition, the department head: 

(1) shall review departmental policies regarding 
the use of force during the agency's annual 
in-service firearms training program. The 
department head shall certify that this review- 
has been completed by submitting a com- 
mission-approved form to the Criminal Jus- 
tice Standards Division; and 

(2) shall report to the Criminal Justice Stand- 
ards Division once each calendar year a ros- 
ter of all law enforcement officers who fail 
to successfully complete the annual in-ser- 
vices firearms training and qualification and 
shall certify that all law enforcement officers 
in the agency not fisted did successfully 
complete the training. This roster shall re- 
flect the annual in-service firearms training 
and qualification status of all law enforce- 
ment officers employed by the agency as of 
December 31 of each calendar year and shall 
be received by the Criminal Justice Stand- 
ards Division no later than the following 
January 15th: and 

(3) shall maintain in each officer's file doc- 
umentation on a commission-approved 
form that the officer has completed the mi- 
nimum annual in-service firearms training 
requirement; and 

(4) shall, where the officer fails to successfully 
qualify with any of the weapons specified in 
Rule 9E .0106(a) and (b), prohibit access to 
such weapon(s) until such time as the officer 
obtains qualification; and 

(5) shall, where the officer fails to successfully 
qualify with any of the weapons specified in 
Rule 9E .0106(d), prohibit the possession 
of such weapon(s) while on duty or when 
acting in the discharge of that agency's offi- 
cial duties, and shall deny the officer au- 
thorization to carry such weapon(s) 
concealed when off-duty, except when the 
officer is on his own premises. 

Statutory Authority G.S. 17C-6; I7C-I0. 

.0104 INSTRUCTORS 

The following requirements and responsibilities 
are hereby established for instructors who con- 
duct the law enforcement officers' annual in-ser- 
vice training program for firearms training and 
qualification: 

(1) The instructor shall hold "Specific Instruc- 
tor Certification - Firearms" issued by the 
commission. 

(2) The instructor shall deliver the training 
consistent with the minimum specifications 



326 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



as established in Rules 9E .0105 and 9E 
.0106. 

(3) The instructor shall report the successful 
or unsuccessful completion of training for 
each officer to the department head. Such 
reporting shall be on a commission-ap- 
proved form. 

(4) Where the officer fails to successfully qual- 
ify with any weapon, the instructor shall in- 
form the officer that the officer did not 
qualify and the instructor shall deliver a 
commission-approved form to the officer 
which shall be signed by the officer. This 
form shall instruct the officer not to use the 
weapon and shall require the officer to notify 
the department head or designated represen- 
tative within 24 hours of the failure to qual- 
ify. The instructor shall personally deliver 
this form or send the form by certified mail 
to the department head or designated repre- 
sentative within 72 hours of the failure to 
qualify. 

Statutory Authority G.S. 17C-6; 17C-10. 

.0105 MINIMUM TRAINING 
SPECIFICATIONS 

At a minimum, the following specifications shall 
be incorporated in the agency's annual in-service 
firearms training and qualification course: 

(1) Use of Force: 

review the authority to use deadly force 
[G.S. 15A-40 1(d)(2)] including the relevant 
case law and materials. 

(2) Safety: 

(A) range rules and regulations; 

(B) handling of a firearm; 

(C) malfunctions. 

(3) Review of Basic Marksmanship Funda- 
mentals: 

(A) grip, stance, breath control and trigger 
squeeze; 

(B) sight and alignment/sight picture; 

(C) nomenclature. 

(4) The "Specialized Firearms Instructor 
Training Manual" as published by the 
North Carolina Justice Academy is hereby 
adopted by reference, and shall automat- 
ically include any later amendments or edi- 
tions of the adopted matter as authorized by 
G.S. 150B- 14(c), to apply as a minimum 
guide for conducting the annual in-service 
firearms training program. Copies of this 
publication may be inspected at the agency: 

Criminal Justice Standards Division 

North Carolina Department of Justice 

1 West Morgan Street 



Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

Statutory Authority G.S. 17C-6; 17C-10. 

.0106 IN-SERVICE FIREARMS 

QUALIFICATION SPECIFICATIONS 

(a) All certified law enforcement officers 
shall be required to qualify with their indi- 
vidual and department-approved service 
handgun(s) a minimum of once each calen- 
dar year. For the purpose of this specifica- 
tion, service handgun shall include any 
semi-automatic pistol or revolver. In addi- 
tion to the requirements specified in Rule 
.0105 of this Subchapter, the following 
courses of fire shall be used when conduct- 
ing qualification with the service handgun(s): 

(1) Day Course - must include a minimum 
of 30 rounds and shooters must fire from 
the 3, 7, 15 and 25 yard lines. 

(2) Night Course - must include a minimum 
of 30 rounds and shooters must fire from 
the 3, 7 and 15 yard lines. Light condi- 
tions should vary from no light to avail- 
able light. 

(b) All certified law enforcement officers who 
are issued or authorized to use a shotgun, rifle 
or automatic weapon shall be required to qualify 
with each weapon respectively a minimum of 
once each calendar year. In addition to the re- 
quirements specified in Rule .0105 of this Sub- 
chapter, the following courses of fire shall be used 
when conducting qualification with the shotgun, 
rifle or automatic weapon: 

(1) Shotgun Course - must include a mini- 
mum of 5 rounds and shooters must fire 
from the 1 5 and 25 yard lines. 

(2) Rifle Course - must include a minimum 
of 5 rounds and shooters must fire from 
the 50 yard line. 

(3) Automatic Weapon - must include a mi- 
nimum of 20 rounds. 

(c) Qualification shall be completed with duty 
equipment and duty ammunition for all weap- 
ons. 

(d) All certified law enforcement officers who 
are authorized to carry an off-duty handgun(s) 
shall be required to qualify with each such 
handgun consistent with the specifications as 
outlined in Rules .0105 and .0106(a) of this Sec- 
tion. 

(e) To satisfy the minimum training require- 
ments for all in-service firearms qualifications, an 
officer shall attain a minimum of 70 percent ac- 
curacy with each weapon. 



NORTH CAROLINA REGISTER 



327 



PROPOSED RULES 



Statutory Authority G.S. 17C-6; I7C-I0. 

.0107 FAILURE TO QUALIFY 

(a) Upon notification that an officer has failed 
to meet the requirements for in-service firearms 
training and qualification as specified in Rule 
.0106(a) of this Subchapter, the law enforcement 
officer's certification shall be suspended. 

(b) The suspended officer may request author- 
ization for limited enrollment in a presentation 
of the "Basic Recruit Training -- Law Fnforce- 
ment" course to complete the minimum 40 hour 
firearms training topic. 

(c) Such enrollment and successful completion 
must occur within the 12 month period following 
suspension of law enforcement officer certif- 
ication. 

(d) Failure to enroll and successfully complete 
the minimum 40 hour firearms training topic in 
a "Basic Recruit Training -- Law Lnforcement" 
course within the prescribed 12 month period 
will subject the officer to training evaluation as 
specified in Rule 9B .0403. 

(e) No officer suspended under Paragraph (a) 
of this Rule may work as a certified law enforce- 
ment officer until: 

( 1 ) the department head forwards to the 
commission documentary evidence verify- 
ing that the officer has complied with the 
requirements for reinstatement of certif- 
ication as specified in this subsection; and 

(2) the department head and the officer receive 
from the commission documentation that 
the commission has terminated the sus- 
pension and reissued law enforcement 
certification to the suspended officer. 

Statutory Authority G.S. I7C-6; 17C-I0. 

TITLE 20 - STATE TREASURER 



Co 



omment Procedures: A written copy of the 
comments will be required of all persons wishing 
to speak at the public hearing. The hearing record 
will remain open for written comments from July 
15, 1988 to August 16, 1988. Written comments 
should be sent to the A PA Coordinator at the ad- 
dress above. 

CHAPTER 8 - ESCHEATS AND ABANDONED 
PROPERTY 

SECTION .0100 - GENERAL AND 
ADMINISTRATION 

.0101 ORGANIZATION AND FUNCTIONS 

(a) The Escheat Fund is operated by the Es- 
cheat and Unclaimed Property Section of the 
Department of State Treasurer. This section is 
charged with the collection of escheats and 
abandoned property from all parties except in- 
surers, holders, the administration of the fund 
and the processing of claims for escheated prop- 
erty, from the owner(s) 0+ prior holders »n be- 
half »f the owner(s). 

fb} Collection from insurer »f abandoned pro 
perty subject t» the custody sf the Fscheut Fund 
** charged te- the Financial Analysis Division ef 
the Department t4 Insurance, i^ Or B++* 26387, 
Raleigh, jserth Carolina 27611. 

fe} (b]_ The following is general information 
about the Escheat Fund: 

(1) The chief officer is the Escheat Officer. 

(2) The mailing address is Department of 
State Treasurer, 325 North Salisbury 
Street, Raleigh. North Carolina 27611. 

(3) The office is located in the Albemarle 
Building, 325 North Salisbury Street, Ra- 
leigh, North Carolina. 

(d) (cj Fxamination of records may be made 
from 9:00 a.m. to 11:30 a.m. and 2:00 p.m. to 
4:00 p.m., Tuesday through Thursday. 



Ivotice is hereby given in accordance with G.S. 
1 SOB- 12 that the Slate Treasurer intends to adopt 
regulation cited as 20 NCAC 8 .0206; amend re- 
gulations cited as 20 XCAC 8 .0101 - .0102(b), 
.0108. .0202 - .0205. .0301 - .0302, .0401 - .0403, 
.0501; repeal regulations cited as 20 NCAC 8 
.0106 - .0107, .0201. 

1 he proposed effective date of this action is No- 
vember 1. 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on August 16, 1988 at Conference Room, 
Room 100, 325 X. Salisbury St.. Raleigh, X.C. 



Statutory Authority G.S. I16B-42. 

.0102 DEFINITIONS 

(b) The following words and phrases defined 
in this Rule will have the meanings indicated 
when used in this Chapter, unless the context 
clearly requires another meaning. 

fh) "Escheat Offic e r" is the person designated 
by- the State Treasurer t» administ e r the 
fund. 
£2) : 4^t- , ft4 :: i* the Escheat Fund established 
by- Gt&t 1 16B 36 a«4 includes the Fscheat 
Account. 
{4} Q| "Escheats" includes all property, real 
and personal, tangible and intangible 
which is subject to the claim &f the fund 



328 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



und e r Chapter 1 16B of the General Stat- 
utes. 

Statutory Authority G.S. I I6B-42. 

.0106 SUBDIVISION OF THE FUND: 

FISCAL YEAR (REPEALED) 
.0107 DISTRIBUTIONS AND TRANSFERS 

(REPEALED) 

Statutory Authority G.S. 1 16B-36; I16B-37; 
11611-42. 

.0108 FEES TO BE COLLECTED 

The following fees shall be collected: 

(1) Dry copy reproduction: fifty cents (SO. 50) 
pef page by mail; twenty cunts ($0.30) m 
office; one dollar ($1.00) for the first page 
and twenty cents ($0.20) for each additional 
page for each request; 

(2) Reproduction from microform: two dollars 
af>4 twenty five cents ($2.25) pef page; re- 
quests will be processed by the State Ar- 
chives as provided in their rules; and 

(4) Reproduction »f comput e r printout: fifty 
c e nts ($0.50) pef pag e . 

(3) Computer provided output: Costs will be 
computed by job as follows: Actual com- 
puter time used X^ average rate for computer 
time for prior three-month period plus cost 
of any supplies furnished. Each request 
must be accompanied by a deposit of two 
hundred ($200.00) dollars per tile requested. 

(4) Requests for copies to be mailed must be 
accompanied by the total required fee and a 
self- ad dressed stamped envelope. 

Statutory Authority G.S. 12-3.1; 1168-42. 

SECTION .0200 - INTANGIBLE PERSONAL 
PROPERTY 

.0201 REPORTING OF ESCHEATS BY 
INSURERS (REPEALED) 

Statutory Authority G.S. I I6B-29; 116B-42. 

.0202 REPORTING OF ESCHEATS 

All other persons shall report to the fund 4i- 
rectly at the address in 20 NCAC 8 .0101 as pre- 
scribed by law and by this Chapter. All 
payments shall be made to the "Department of 
State Treasurer - Escheat Fund." 

Statutory Authority G.S. 1/6B-29; II6B-42. 

.0203 ESCHEAT REPORT 

liach holder shall submit the following 



(44 Each holder shall submit »«■ ef before the 
tfee date required by law- Form AND 21 
(ASD 21 A fef insurers) af>4 as many forms 
ASD 22 as afe required te provide the 
owner information. 

(3> fem ASD 21 (ASD 21 A fef insurers) shatt 
be promulgated by the Stat e Treasurer affe 
w4U identify the holder, provide fef the 
number ef bonn ASD 22 (Continuation 
Form) attached, the total thereof, ami shall 
be v e rified as provided by law-r 

(3) Form ASD 22 shall be promulgated by the 
State Treasurer *h4 id e ntify the property te- 
be transferred as provided m Gt&t 1 161? 29, 
the present holder, afi4 the property classi 
fication code fef the property. 

f4} Items ef value under twenty fiv e dollars 
($25.00) may be reported fe the aggregate 
by property classification code. 

Each holder shall report intangible personal 
property to the Escheat bund on Form ASD-21 
together with Form ASD- 159 which together 
shall include as a minimum: 



( 1) Holder's legal name and address; 



(2) Holder's federal tax identification number; 

(3) A contact person and his or her telephone 
number; 

(4) Separately for each person with property in 
each property class in excess of the amount 
specified in G.S. 1 !6B-29(b)( 1): 

(a) The namc(s) of the owner(s), 

(b) The last known address(es) of the 
owner(s), 

(c) The social security or tax identification 
number(s) of the owner(s), if known, 

(d) A description of the property, 

(e) Serial number(s) or other identification 
number(s) of the property, if any, and 

(JJ The amount being transferred; 

(5) Aggregate by property classification code 
pursuant to G.S. 1 16B-29(b)( 1 ); and 

(6) Verification pursuant to G.S. 116B-29(e). 
This Rule docs not apply to property claimed by 

the Escheat Fund pursuant to an audit which 
shall be reported as provided in 20 NCAC 4 
.0206. 

Statutory Authority G.S. 116B-29; I16B-42. 

.0204 PROPERTY CLASSIFICATION CODE 

The following property classification codes w4H 
shall be used: 
f4-> UW fef GS 116B 12(a) property valu e d 
at eee thousand dollars ($1,000) e* lessr 

(3) 4344 fef G& 1 16B 12(a) property valued 
at ov e r e«e thousand dollars ($1,000), 

(34 4331) fef GS 1 16B 12(b) property, 

(4) 433ft fef GS 1 16B 12(c) property, 



NORTH CAROLINA REGISTER 



329 



PROPOSED RULES 



(5) 4040 fef GS 446B 12(d) property, 
l^f 4400 fof^> 1 1 61? y property, 
f^ 4400 fef GS 1 16» M property, 
(£) .i-SOa fef GS 1 16B 15 property, 
f0+ 4600 fef GS 1 16B 16 property, 
f4444 4444) fef GS 1 16B 17(a) property, 
f4-H 4430 fef GS 446B 17(b) property, 
(42} 4S0Q fef GS 4466 IS property, 
(44) 4-000 fef OS 446R-40 property, 
f44+ 3000 fef QS 444B 20 property, 
f44> 24440 fef GS 444B-44 property. 
Code Description 

( 1) 101)1 Checking accounts; 

(2) 1002 Savings or shares greater than one 
thousand dollars ($1,000); 

(3) 1003 Savings or shares less than one 
thousand dollars (SI, 000); 

(4) 1004 Certificates of deposits greater than 
one thousand dollars; ($1,000); 

(5) 1005 Certificates of deposits less than one 
thousand doll, us, (SI. '"">): 

(6) 1006 IRA's greater than one thousand 
dollars (SI. 000); 

(7) 1007 IRA's less than one thousand dollars 



38) 



(21 
(21 

(K») 

Oil 
H2l 

(13) 
(14) 



($1.000); 



1008 Christmas club accounts; 



1009 

1010 
1011 
1012 
2001 
2002 Undelivered dividends or uncashed 



Monev on deposit to secure funds; 

Security deposits; 

I nidentified deposits; 

Suspense accounts; 

Paving agent accounts; 



dividends; 

(J_5] 2003 bunds held in a fiduciary capacity; 
(16) 2004 Suspense liabilities; 



(19) 300 1 Cashiers checks; 



Oil 
08} 

19 
(20) 

on 

(22] 
<2J] 

LMl 

(261 

021 

(2N] 
(29) 
(JOj 

mi 

32 



2005 Escrow accounts; 



2006 Trust vouchers; 



3002 Certified checks; 

3003 Registered checks; 



3004 CD interest checks; 

3005 Drafts; 



3006 Warrants 



3007 Money orders; 

3008 Travelers checks; 

3009 foreign exchange checks; 

3010 Expense checks; 

301 1 Pension checks; 

3012 Credit checks or memos; 

3013 Vendor checks; 



(32) 3014 Any checks that have been written 
off to income or surplus; 

(33) 3015 Any other outstanding checks; 

(34) 4001 Ctilitv deposits; 

(35) 4002 Membership fees; 

(36) 4003 Refunds or rebates; 

(37) 4004 Capital credit distributions; 



5001 Amounts due and payable under 
terms of life insurance policies; 

(39) 5002 Amount due and payable under 
terms of other insurance policies; 

(40) 5003 Claim payments; 

(41 ) 5004 Drafts not presented for payment; 

(42) 5005 Matured whole life, term or en- 
dowment insurance policies, annuity or 
supplementary contracts; 

(43) 501)6 Premium refunds; 

(44) 5007 Agent credit balances; 

(45) vii ix I nulentilied remittances; 
(46] SUP') 



terms; 
6001 



Other amounts due under policy 
Trust funds; 



(47) 

(48) 6002 Cash bonds; 

(49) 6003 Partial payments; 

(50) 6004 Judgements; 

(51) 6005 Am/ other funds 



held bv govern- 



mental agency; 



[521 

im 

(54) 
(55} 
(56) 

(521 



7001 Dividends; 



7002 Interest; 

7003 Principal payments; 

7004 Equity payments; 

7005 Profits; 

7006 funds paid toward the purchase of 
shares, or interest in a financial or business 
organization; 



(58) 7007 Funds received for the redemption 



of stocks and bonds 



(59) 
(60) 



7008 Bonds; 



7009 Shares of stock including underlying 
shares; 

(61) 7010 Cash for fractional shares; 

(62) 7011 Unexchanged stock of successor 



corporation; 
(63) 7012 Mutual funds; 



(64) 7013 Dividend reinvestment plans; 

(65) 7014 



Any other sum owing to a share- 



(66} 

(671 

(68] 
(69] 
(70] 

(111 

(121 

(74] 
(751 



holder, certificate holder, member, bond 
holder or other security holder, or partic- 
ipating member of a cooperative; 



Any other certificates of ownership; 

Wages, payroll or salary; 

Commissions; 

Workers compensation benefits; 



800 1 

8002 

8003 

8004 Payments for goods and services; 

8005 

8006 

8007 Unrefunded overcharges 

8008 

8009 



Customer overpayments 
Unidentified remittances 



Accounts payable; 

Credit balances in accounts receiv- 



able 



(76) 8010 Discounts due; 

(77) 8011 

(78) 8012 

(79) 8013 



ixefunds due; 

Unredeemed gift certificates; 



Unclaimed loan collateral 



330 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(80) 8014 Sums payable under pension and 
profit sharing plans (IRA. Keogh, etc.); 

(81) 8015 Mineral proceeds; 

(82) 8016 Royalties; 

(83) 8017 Rents; 

(84) 8018 Any other miscellaneous intangible 
personal property; 

(85) 8019 Any property distributable in the 
course of voluntary or involuntary dissol- 
ution; 

86) 8020 Undelivered shares of stock follow- 



ing a merger; 

(87) 9001 Real property which succeeds to the 
state through Escheat; 

(88) 9002 Personal property which succeeds 
to the state; 

(89) 9003 Safe deposit box contents. 

Statutory Authority G.S. 116B-29; 1 16B-42. 

.0205 LATE FILING OK REPORT 

(*)• A4F k-ri«* reports must include a reason fef 
tke failure t» fife »» the 4w» date. AH- re - ports 
with »e- letter explaining a legitimat e probl e m 
may be assessed tin* penalties prescrib e d m G.S. 
116B . 11(a) anafe^ 

(a) Payments on account of property reported 
to the l'scheat bund as abandoned property after 
the date which the law requires that the sums of 
money be paid to the State Treasurer shall be 
assessed interest penalties as provided in G.S. 
1 16B-41(c). Interest penalties shall be assessed 
for each day after the due date until the moneys 
are received by the L'scheat fund. Hillings for 
interest penalties totaling ten dollars ($10.00) or 
less will not be made because \\_ is uneconomical 
to do sex 

(b) If a holder wishes to avoid the penalties of 
G.S. 1 16B-41(a), he may file a request for an ex- 
tension in writing prior to the time the report is 
due. The request must include the holder's name 
and address, the holder's principal business, and 
a valid reason for the delay. Reasons for delay 
will only be considered valid if the reasons stem 
from circumstances which are unforeseen and 
unforeseeable. Each extension will not exceed 
three months, but may be renewed upon reap- 
plication for up to six months. If an extension 
is granted, the holder will not be subject to the 
penalties fof in G.S. 1 16B-41(a) during the ex- 
tension period. 

fe} ff a holder wishes tt* avoid the interest 
penalty e-4 G.S. 1 16B 1 1(c). he h» 4© *© by- 61- 
iftg a request top e xt e nsion together with aft e*ti- 
mated report ©f a statement »f beli e f that hie 
report wiii be n e gativ e . if a» e xt e nsion is 
grant e d, ho int e rest penalty v4ii be impos e d fa* 
the extension period. 



Statutory Authority G.S. II6B-4I; I I6B-42. 

.0206 REPORTING PROPERTY FOUND ON 
AUDIT 

(a) Claims for abandoned property resulting 
from an audit shall be made on Form ASD-160. 

(b) The holder shall send the notice required 
by G.S. 116B-28 unless the Form ASD-160 
shows that notice is not required. 

(c) The holder shall transfer any property to 
lawful owners which are identified. 

(d) The holder shall complete the form show- 
ing property no longer escheatable because of 
transfer to the lawful owner and property still 
subject to transfer to the custody of the State 
Treasurer for the Escheat Fund. 

(e) Transfer by payment or delivery of non- 
cash property shall be made with the return of 
Form ASD-160. Penalties shall be calculated 
and remitted at the same time. 

(f) Copies of payment vouchers or other proof 
that the items are no longer escheatable shall be 
sent with the return of Form ASD-160. 

Statutory Authority G.S. 1 I6B-29; 1 16B-42. 

SKCTION .0300 - TANGIBLE PERSONAL 
PROPERTY 

.0301 NOTIFICATION BY HOLDER TO 
ESCHEAT FUND 

(a) Each holder shall notify the Escheat Fund 
of the existence of tangible property when it be- 
comes subject to the custody of the State Treas- 
urer and shall maintain the property in a manner 
which will prevent undue loss of value until di- 
rections for either disposition or transfer to the 
State Treasurer are received. The Escheat Fund 
will hold the holder liable for any loss resulting 
from the breach of a fiduciary duty by the holder. 

(b) The notification shall be made on Form 
AS D- 127 »f it* equivalent and shall show as a 
minimum: 

(1) Holder's legal name and address; 

£2) A-» identification number, description, 
condition a»4 estimated value fof each 
separate piece e*f property; 

£3) The owner's name a&4 last known address 
fef each piece ef group ©f pieces &f prop 

i iH * .• - a " ."1 

CTTTT tTTTTT 

(4) Verification by a» official with knowledge) 
ei the circumstances a«4 property. 

(2) A contact person and his or her telephone 
number; 

(3) Separately for each item of tangible prop- 
erty: 

(A) A sequence number, 

(B) The name of the owner(s), 



NORTH CAROLINA REGISTER 



331 



PROPOSED RULES 



(Q The last known addrcss(cs) of the 

owncr(s), 
(D) "I he social security or tax identification 

numher(s) of' the owncr(s'), if known, 

(F) A description of the property, 

(!■') Serial numhcr(s) or other identification 
numbcr(s), if any, and 

(G) The approximate value of the property; 
and 

(4) Verification pursuant to G.S. 116B-29(c). 
(e) Fach piece e+ prop e rty ti hull be separately 
numb e r e d. 4-be description condition aft4 esti- 
mated value shall be submitted for each separat e 
piece ei tangible pergonal property to be es- 
ch e ated. 

Statutory Authority G.S. 116B-3I; 1I6B-42. 

.0302 NOTIFICATION BY ESCHEAT FUND 
TO HOLDER 

fa} The Escheat Fund will provide to the holder 
with a letter ef instruction. The letter which will 
identify the property to be transferred to the 
custody of the State Treasurer aft4 the property 
which may be otherwis e disposed. The holder 
may dispose of any property which is not re- 
q uired to be transferred to the custody of the 
State Treasurer at his sole discretion. 

(&) T-he holder continues to be r e sponsibl e fof 
the preservation ef the value erf the property until 
transfer » actually made to the custody a«4 con 
tfei e£ the State Treasurer. 

Statutory- Authority G.S. 116B-3I; 1 I6B-42. 

SECTION .0400 - REFUNDS 

.0401 APPLICATION FOR REFUNDS 

(a) The following persons may apply for re- 
funds on behalf of an owner of property trans- 
ferred to the Escheat Fund: with a value e£ 
twenty five dollars (£25.00) e* more at the time 
»f transfer: 
(1) 



(2) 

(3) 



the owner or a personal representative of 

an owner, 

the holder or a successor to the holder, and 

an attorney in fact under a written power 

of attorney from the owner, 
fh} Only the holder a* a succ e ssor to the hold e r 
may- apply fof a refund e4 property transferred to 
the l'scheat bund with a valu e ef less than 
twenty live dollars (£25.00) at the time el the 
transf e r. 

fo) Separate applications afe required fof d+f- 
ferent holders *&4 fof transfers e£ different years 



(c) Every claimant shall agree to the indemni- 
fication provisions of (i.S. 1 16B-3S(e) before a 
claim will be approved. 

(d) Whenever the holder of property rejects, 
or otherwise refuses to process in a timely man- 
ner, a claim made by a person claiming owner- 
ship, the claimant may appeal, in writing, to the 
F.scheat Officer. 

(e) Whenever the F.scheat Officer rejects, or 
otherwise refuses tc> process i_n a timely manner, 
a claim by a person claiming ownership, the 
claimant may appeal, in writing, to the State 
Treasurer. 

Statutory Authority G.S. IJ6B-38; 1I6B-42. 

.0402 REQUIRED DOCUMENTATION OF 
APPLICATION FOR REFUND 

(a) All applications shall be made on Form 
ASD-111, which shall be promulgated by the 
State Treasur e r, and shall identify: 
( 1) the property claimed, 

the owner as shown on the Escheat re- 



cords, 



by- the same holdi 
(b) Claims wil 



be approved only for named 



holders and onlv for named years. 



(21 

(3) the holder when transferred to the Escheat 
Fund, and 

(4) the current owner, which may be either (2) 
or[3)_ 

(h) Form ASD 1 1 1 shall identify the prop e rty 
claim e d, the owner th e r e of, the holder ' ■ ' ■ hen 
transferred to the F.scheat Fund, aftd-the claimant 
if other than the owner ©f holder. 

fe} [bj Personal representatives, and other fidu- 
ciaries, custodians, and attorneys in fact shall 
submitt e d submit a certified true copy of their 
appointment and authority. 

(4) All applications shall conform to the fe- 
quiremento m G.S. 1 161? 38(e). 

(c) Claims must include adequate evidence that 
the person in behalf of whom the claim is made 
is the true and actual owner of the property 
claimed. There is a rebuttable presumption that 
property of a business association is not lost in 
the ordinary course of business. 

(d) Anv person who received or will receive a 
fee for the identification of the owner, the lo- 
cation of the missing property or the preparation 
of a claim form shall sign the form as indicated 
therein, and shall insert his or her license number, 
if licensed by the Private Protective Services 
Board. 

Statutory Authority G.S. 116B-3S; 116B-42. 

.0403 PAYMENT OF REFUNDS 

(a) When the holder has certified in Form 
ASD-111, that he has already made payment to 



332 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



the owner, the refund will be made by warrant 

on the State Treasurer in the name of the holder. 

(b) All other refunds will be made by warrant 

on the State Treasurer in the name of the owner. 

I Kir mill l-» n »-»~> Mil, ill tii il^^ hi I . Irii.-i- • \ 4 < li.i • • I | ■ ■ tt-i on4 
1 1 1 1 , 1 VI 1 1 1 I i\.' 1 I 1 1 1 1 1 CTO TTT 1 1 IV CCvl VJ I V" R I r7T TTTC CTTTTTTTTTTTT 

shown »«• Eorm ASS 111. 
Statutory Authority G.S. 116D-38; 1 16B-42. 
SECTION .0500 - RECORDS 

.0501 PUBLIC ACCESS TO RECORDS 

(a) Any person desiring to seareh the records 
shall register with the Escheat Office. This Fe§- 
istrution t - hall include ' h+* name' »«4 address a»4 
his reason fof desiring access to (4*e records. 

(b) Prior to being given access to the public 
records the registrant must: 

(1) Provide his or her name and address; 

(2) Provide his or her reason for desiring ac- 
cess to the records; 



TITLE 25 - OFFICE OF STATE 
PERSONNEL 



(4} til Agree not to remove, deface or destroy 

any records; 
(3) (4) Observe hours outlined by the State 
Treasurer, and act without disturbing the 
statutory duty of the State Treasurer to 
administer and protect the Escheat Fund 
and its records; and 
(4} (_5_2 Produce proof of his identity. 
(c) Any registrant other than the owner, in ad- 
dition to the requirements in this Rule, must sign 
a statement that: lw» k*i f«**4 G4>t 1 161? 43 »ft4 
Ht fully aware t*f its meaning. 

ill U£ 91 i!i£ hS2 rcat l OS. 1 16B-43 and is 
fully aware of its meaning; 

(2) He or she is aware that the Private Pro- 
tective Services Board has ruled that OS. 
74C-3(a)(8)b is applicable to persons 
searching for owners of escheated prop- 
erty and a license is required by said 
board; 

(3) He or she is or^ is not, licensed by said 
board and if licensed must furnish their 
license number. 



(d) No person other than the staff of the Es- 
cheat Office shall enter the records area. The 
registrant will may be required to request records 
by name and he or she will be allowed to view 
them only in a place designated by personnel of 
the Escheat Office. 

(e) 'The person in charge of the records may at 
any time in his sole discretion restrict the use of 
briefcases, files, etc., in the area in which the re- 
gistrants view the escheat records. 

Statutory Authority G.S. I16B-36; II6B-42; 
I16B-43. 



Ivotice is hereby given in accordance with G.S. 
1 SOB- 12 that the Office of State Personnel! Stale 
Personnel Commission intends to amend regu- 
lations cited as 25 NCAC IL .0004 and .0005. 

1 he proposed effective date of this action is No- 
vember 1, 1988. 

1 he public hearing will be conducted at 9:00 
a.m. on August 16, 1988 at 101 West Peace 
Street, Raleigh, N. C. 



Cc 



omment Procedures: Interested persons may 
present statements orally or in writing at the 
hearing or in writing prior to the hearing by mail 
addressed to: Drake Maynard, Office of Slate 
Personnel, 116 W. Jones Street, Raleigh, N. C. 
27611. 



CHAPTER 1 - OFFICE OF STATE PERSONNEL 

SUBCHAPTER IE - AFFIRMATIVE ACTION 

.0004 PROGRAM IMPLEMENTATION: 
DEPARTMENT AND UNIVERSITY 
LEVEL 

(a) Each department head of state government 
and University Chancellor shall develop and im- 
plement a departmental or university affirmative 
action program designed to soke problems in 
those areas that adversely affect minorities, 
women and handicapped persons. 

(b) Each department and university shall pres- 
ent a plan for this affirmative action program to 
the Office of State Personnel for review, technical 
assistance and approval by the Director of State 
Personnel. 

(c) Pach department's and university's affir- 
mative action plan shall meet all requirements of 
the administrative EEO/AA Planning and Re- 
sources Guide and shall include but not be lim- 
ited to the following elements: 

(1) a workforce analysis designed to examine 
the number and levels at which it employs 
minorities, women, and handicapped per- 
sons; 

(2) a set of objectives, goals and timetables; 

(3) a recruitment program designed to attract 
minorities, women and handicapped per- 
sons to all levels of employment; 

(4) an interviewing program that includes, for 
each vacancy, the interviewing of at least 
three applicants representative of the eth- 



NORTH CAROLINA REGISTER 



333 



PROPOSED RULES 



nic, sex and handicapped composition of 
available applicants; 

(5) a program of promotion and career lad- 
ders for present employees; 

(6) a program of training to enhance em- 
ployee development and advancement 
opportunities. Such programs shall in- 
clude a process to ensure that minorities, 
women and handicapped persons have 
adequate representation and participation 
in internal and external training programs 
such as Supervisory Training, Public 
Managers Program and Educational As- 
sistance Program; aft4 Government Exoc 
utives Institut e ; 

(7) A program of orientation and training in 
equal employment opportunity and affir- 
mative action compliance for all manag- 
ers, supervisors and others authorized to 
make or recommend personnel actions; 

(8) Rcduction-in-force procedures which 
maintains arc designed to maintain the 
proportion of protected group members 
in the departmental or university work- 
force and preserves gams made in utilizing 
protected group members; 

(9) An annual internal evaluation system; i.e., 
WPPR to hold managers to at all levels 
accountable for the progress of the de- 
partment's and university's affirmative ac- 
tion program; 

(10) an internal reporting system to measure 
total program effectiveness. 

Statutory Authority G.S. 126-4(10); 126-16. 



.0005 PROGRAM PLAIN REVIEW 

(a) Each state department /agency and univer- 
sity employing SPA employees shall submit an- 
nually an Affirmative Action Plan (update of 
entire plan or revisions as specified) or shall sub- 
mit an application for a three-year EEO/AA 
planning cycle and a Three-year Affirmative Ac- 
tion plan to the Office of State Personnel for re- 
view, technical assistance, and approval by the 
State Personnel Director. The submission d«4e 
will be October 4- »f each yeaf fef annual plans 
&* October + ef the yew m which the previously 
approved three year plan » to eft4r The constit 
«««• institutions of- fte Greater University ef 
North Carolina shall »et be required to comply 
with tftw provision until J+4y -It 19X8. The sub- 
mission date will be the last working dav of Jan- 



uary for annual plans or January 1 of the year in 
which the previously approved three-year plan is 
to end. 

(b) Each state department agency and univer- 
sity applying for three-year Affirmative Action 
Plan approval shall, in the judgement of the State 
Personnel Director, meet each of the preliminary 
requirements for three-year EEO/AA plan ap- 
proval stated in the Standards For Three-Year 
Plan Approval issued by the Equal Opportunity 
Services Division of the Office of State Personnel. 

(c) All reports submitted to the Office of State 
Personnel shall be reviewed by the department 
head or university chancellor and signed by the 
EEO Officer, verifying the process of program 
implementation. 

Statutory Authority G.S. 126-4(10); 126-16. 



334 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



NORTH CAROLINA ADMINISTRATIVE CODE 
EFFECTIVE: July I, 1988 



AGENCY 
DEPARTMENT OF ADMINISTRATION 



1 NCAC 6B 


.0601 
.0606 
.0608 




6E 


.0301 - 


.0302 




.0306 - 


.0307 


10 


.0301 - 


.0303 


15 


.0305 




30A 


.0206 




33 


.0101 






.0303 - 


.0304 




.1501 




DEPARTMENT OF AGRICULTURE 




2 NCAC 9L 


.1005 




27C 


.0003 




29A 


.0001 - 


.0002 


29B 


.0001 




29C 


.0001 - 


.0002 


31B 


.0001 - 


.0002 


31D 


.0001 




DEPARTMENT OF COMMERCE 




4 NCAC 5D 


.0202 




6C 


.0302 




7 


.0302 - 
.0305 


.0303 




.0401 - 


.0402 




.0503 




13A 


.0103 




13E 


.0201 




13G 


.0103 




17 


.0201 - 


.0202 


DEPARTMENT OF HUMAN RESOURCES 



10 NCAC IB .0225 

3R .0105 - .0106 



.0108 
.0208 
.0307 
3U .0101 
.0202 
.0204 
.0205 
.0302 
.0401 
.0402 
.0403 



.0211 



.0102 



.0303 



ACTION TAKEN 



Repealed 
Repealed 
Amended 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 
Amended 
Repealed 
Amended 



Amended 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 



Amended 
Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Repealed 
Adopted 



Adopted 

Repealed 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

Adopted 

Amended 

Amended 

Repealed 

Adopted 



NORTH CAROLINA REGISTER 



335 



LIST OF RULES A FFEC TED 



.0501 
.0505 
.0506 
.0703 
.0706 
.0707 
.0710 
.0714 
.1001 
.1004 
.1601 
.1603 
.1604 
.1605 
.1606 
.1607 
.1612 
.1614 
.1701 
.1902 
.2006 
.2101 
.2203 
.2205 
.2401 
.2501 
.2601 
8G .0701 
.0713 
26G .0302 
44D .0102 
47A .0502 



.0504 

.0511 

.0704 

.0709 
.0711 



.1602 



.1611 
.1613 



.1904 
.2012 



.2510 
.2612 
.0712 
.0723 



Repealed 

Amended 

Adopted 

Amended 

Repealed 

Amended 

Adopted 

Adopted 

Amended 

Amended 

Amended 

Repealed 

Amended 

Repealed 

Amended 

Repealed 

Amended 

Repealed 

Amended 

Amended 

Adopted 

Amended 

Amended 

Amended 

Adopted 

Adopted 

Adopted 

Repealed 

Adopted 

Amended 

Amended 

.Amended 



DEPARTMENT OF INSl'RAN'CE 



11 



NCAC 1 



10 



11A 



.0101 
.0202 
.0206 
.0701 
.0102 
.0201 
.0001 
.0003 
.0112 
.0311 
.0414 
.0102 
.0104 
.0102 
.0102 
.0101 
.0301 
.0101 
.0201 
.0401 
.0904 
.0201 
.0301 
.0433 



- .0102 

- .0208 

- .0702 

- .0204 

- .0004 

- .0114 



.0104 
.0104 
.0104 
.0307 
.0103 



.0202 
.0306 
.0434 



Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 



336 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 





.0450 - 


.0451 


1 IB 


.0201 
.0301 
.0401 




11C 


.0101 
.0201 
.0301 
.0401 - 


.0402 


1 ID 


.0101 
.0201 
.0301 




he 


.0101 






.0107 - 


.0109 




.0301 






.0401 




1 IF 


.0001 




11G 


.0005 




12 


.0102- 

.0301 

.0401 

.0444 

.0451 

.0501 


.0103 


13 


.0201 - 


.0222 


14 


.0101 - 


.0103 




.0401 - 


.0408 




.0410 




DEPARTMENT OF JUSTICI 


.0107 




12 NCAC 9A 




9B 


.0602 
.0606 




DEPARTMENT OF LABOR 


.0202 - 




13 NCAC 1A 


.0204 


IB 


.0101 
.0201 






.0202 - 


.0203 




.0304 






.0306 - 


.0307 




.0308 






.0402 






.0502 






.0503 - 


.0508 




.0601 






.0603 - 


.0604 


1C 


.0103 






.0104 - 


.0105 




.0205 






.0206 






.0301 - 


.0302 




.0401 - 


.0402 




.0501 - 


.0506 


4A 


.0101 




4C 


.0003 




6 


.0101 
.0104 





Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 



Amended 
Amended 
Amended 



Repealed 
Amended 
Repealed 
Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 
Repealed 
Repealed 
Repealed 
Amended 
Repealed 
Amended 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 
Repealed 
Amended 
Repealed 



NORTH CAROLINA REGISTER 



337 



LIST OF RULES AFFECTED 





.0105 




Amended 


7A 


.0103 




Amended 




.0201 - 


.0207 


Repealed 


7B 


.0103 




Amended 




.0106 




Amended 




.0109 




Amended 




.0111 




Repealed 




.0112 




Amended 




.0114 




Amended 




.0119 




Repealed 




.0201 




Amended 




.0203 




Repealed 




.0309 




Amended 




.0502 




Amended 




.0705 - 


.0706 


Repealed 




.0709 - 


.0711 


Repealed 




.1003 




Amended 


7D 


.1205 




Amended 




.1904 




Amended 


11 


.0101 - 


.0122 


Repealed 




.0201 - 


.0210 


Repealed 




.0301 - 


.0310 


Repealed 




.0401 - 


.0404 


Repealed 




.0501 - 


.0507 


Repealed 




.0601 - 


.0602 


Repealed 


12 


.0101 




Amended 




.0404 - 


.0405 


Amended 




.0502 




Amended 




.0703 




Amended 


DFPAR TMKNT OK CRIME CONTROL AND PUBLIC SAFETY 




14A NCAC 1A 


.0002 - 


.0004 


Amended 


IB 


.0201 




Repealed 




.0308 




Amended 




.0404 




Amended 




.0501 




Repealed 




.0502 




Amended 




.0503 - 


.0523 


Repealed 


1C 


.0102 




Repealed 


ID 


.0101 - 


.0103 


Repealed 




.0201 - 


.0202 


Repealed 




0301 - 


.0304 


Repealed 




.0401 - 


.0402 


Amended 




.0403 - 


.0404 


Repealed 


3 


.0101 - 


.0104 


Repealed 




.0201 - 


.0202 


Repealed 




.0301 - 


.0306 


Repealed 




.0401 - 


.0405 


Repealed 




.0501 - 


.0502 


Repealed 




.0601 - 


.0611 


Repealed 


10A 


.0001 




Repealed 


10B 


.0204 - 


.0205 


Repealed 




.0301 - 


.0302 


Repealed 


DEPARTMENT OF NATURAL RF.Sf 


)URCES AND COMMl NIT 


V DEVELOPMENT 


15 NCAC IB 


.0202 


Amended 




.0205 - 


.0220 


Repealed 



338 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



IE 



II 



1G 

2A 



215 



2C 



2D 



21 



2G 



211 



21 



.0608 

.0101 - 

.0202 - 

.0302 - 

.0002 

.0005 

.0008 - 

.0006 

.0003 

.0004 

.0005 

.0006 

.0008 

.0202 

.0211 

.0213 

.0311 

.0315 

.0406 

.0101 - 

.0104 

.0111 

.0116 

.0204 

.0101 

.0103 

.0104 

.0302 

.0304 

.0403 

.0409 

.0501 

.0524 - 

.0528 - 

.0604 

.0608 

.0905 

.0908 

.0909 - 

.0913 

.0916 

.0939 - 

.0201 - 

.0301 - 

.0105 - 

.0402 

.0301 

.0503 - 

.0601 

.0603 

.0607 

.0802 

.0805 

.0810 

.0811 

.0102 

.0105 

.0201 

.0203 



.0102 
.0204 
.0304 



.0009 



0103 



.0525 
0532 



0910 



0940 
0202 
0308 
0106 



0504 



Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

Amended 

Amended 

Amended 

Adopted 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Repealed 

Amended 

Amended 

Repealed 

Amended 



NORTH CAROLINA REGISTER 



339 



LIST OF RULES AFFECTED 





.0301 






.0303 - 


.0306 




.0401 




21 


.0005 




2K 


.0104 
.0218 
.0401 




21 


.0101 - 


.0103 


3B 


.0117 




3C 


.0103 
.0303 
.0311 




3E 


.0101 




6A 


.0003 
.0006 
.0009 




6B 


.0001 




9A 


.0003 




9B 


.0001 - 


.0002 


9C 


.0802 - 


.0805 




.0814- 


I1S16 




.0820 - 


.0822 




.0825 






.0828 






.0901 




10A 


.0201 
.0204 
.0209 






.0301 - 


.0302 


10B 


.0106 
.0110 
.0112 






.0202 - 


.0203 




.0209 






.0403 






.0407 - 


.0408 


IOC 


.0202 
.0204 
.0205 
.0207 
.0210 
.0303 






.0304 - 


.0305 




.0401 - 


.0402 




.0403 






.0404 






.0406 - 


.0407 


10D 


.0001 






.0002 - 


.0004 


10F 


.0101 






.0102- 


.0104 




.0108 




10G 


.0101 






.0104- 


.0105 




.0201 






.0204 - 


.0205 




.0301 






.0304 - 


.0306 


10H 


.0101 





Amended 
Repealed 
Repealed 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Repealed 
.Amended 
Amended 
Repealed 
Repealed 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Repealed 
Repealed 
Repealed 
Amended 
Repealed 
Repealed 
Repealed 
Amended 
Amended 
Repealed 
Amended 
Amended 
Repealed 
Amended 
Repealed 
.Amended 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 



340 



NORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



.0301 ■ 


.0302 


.0401 • 


.0402 


.0408 




.0702 




.0706 




.0709 




.0809 




.0901 




.0902 




.1001 




I3K .0101 - 


.0102 


.0303 




.0401 - 


.0405 


16A .0003 - 


.0004 


16C .0107 




.0307 




.0403 




.1003 




16D .0108 




17A .0001 




17B .0102 




.0502 




DEPARTMENT OF REVENUE 




17 NCAC 4B .1303 




.1305 




.1308- 


.1309 


91 .0504 




DEPARTMENT OF TRANSPORTA1 


ION 



19A NCAC 3D .0801 

BOARD OF CHIROPRACTIC EXAMINERS 

21 NCAC 10 .0201 

BOARD OF MORTUARY SCIENCE 



21 NCAC 34 


.0109 






.0110- 


.0116 




.0119- 


.0120 




.0123 






.0125 




BOARD OF NURSING 


.0219 




21 NCAC 36 




BOARD OF PHARMACY 






21 NCAC 46 


.2001 






.2005 - 


.2011 




.2014 - 


.2016 


REM ESI ATE LICENSING 


BOARD 





21 



NCAC 58A .0107 



Amended 
Repealed 
Repealed 
Repealed 
Amended 
Repealed 
Amended 
Amended 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 
Amended 



Repealed 
Amended 
Adopted 
Amended 



Amended 



Amended 



Amended 
Repealed 
Repealed 
Amended 
Amended 



Temp. Amended 

Expires 12-25-88 



Amended 

Adopted 

Adopted 



Amended 



NORTH CAROLINA REGISTER 



341 



LIST OF RULES AFFECTED 



.0111 - .0112 
.0506 
.0611 
58B .0501 



COMMIMTY COLEEC-ES 

23 NCAC 2E .0202 
HOrSINC FINANCE 

24 NCAC 1A .0003 

IB .0001 

1C .0001 

OFFICE OF STATE PERSONNEL 



25 



NCAC IB .0302 -.0303 

.0305 - .0306 

.0308 

.0313 

.0315- .0319 

.0321 

.0324- .0331 

.0336 - .0338 

.0341 

.0345 - .0353 
1C .0202 
U .0504 



Adopted 
Amended 
Adopted 
Amended 



Amended 



Repealed 
Repealed 
Repealed 



Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Repealed 
Amended 
Amended 



342 



NORTH CAROLINA REGISTER 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Ejections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Education, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Housing Finance Agency 

25 State Personnel, Office of 

26 Administrative Hearings, Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Fxamincrs, Board of 

12 Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Fxamincrs, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Foresters, Board of Registration for 

21 Geologists, Board of 

22 I tearing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Fandscape Contractors, Registration Board of 

3 1 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists. Board of 
40 Opticians, Board of 

42 Optometry, Board of Fxamincrs in 



NOR TH CAROLINA REGIS TER 343 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary' Medical Board 



344 NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1988 - March 1989) 



1988 - 1989 

Pages Issue 

1 - 25 1 - April 

26 - 108 2 - Apnl 

109 - 118 3 - May 

119 - 145 4 - May 

146 - 184 5 - June 

185 - 266 6 - June 

267 - 294 7 - July 

295 - 347 8 - July 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Final Decision Letters 

PR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

ERA - List of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATION 

Auxiliary Services, 270 PR 

Departmental Rules, 270 PR 

State Construction, 187 PR 

Youth Advocacy and Involvement Office, 148 PR 

ADMINISTRATIVE HEARINGS 

Hearings Division, 76 PR 

AGRICULTURE 

Food and Drug Protection Division, 271 PR 
Structural Pest Control Committee, 296 PR 

COMMERCE 

Alcoholic Beverage Control Commission, 276 PR 
Milk Commission, 120 PR, 190 PR 

COMMUNITY COLLEGES 

Community Colleges, 2X7 PR 



NOR TH CA ROLINA REGIS TER 345 



CUMULA TIVE INDEX 



CRIME CONTROL AND PUBLIC SAFETY 

Alcohol Law Enforcement, 47 PR 

ELECTIONS 

State Board of Elections, 120 PR 



XECUTIVE ORDERS 




Executive Orders 68 - 


71, 1 EO 




72,119 EO 




73, 146 EO 



FINAL DECISION LETTERS 

Voting Rights Act, 5 EDL, 26 FDL, 185 FDL, 267 FDL, 295 FDL 

HUMAN RESOURCES 

Division of Aging, 229 PR 

Drug Commission, 1 13 FR 

Health Services, 7 PR, 220 PR, 296 PR 

Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR, 237 PR, 303 PR 

Office of the Secretary, 31 PR 

Social Services Commission, 27 PR 

INDEPENDENT AGENCIES 

Housing Finance, 21 PR, 134 PR, 255 PR 

INSURANCE 

Agent Services, 238 PR 

Fire and Casualty, 32 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

JUSTICE 

Criminal Justice Education and Training Standards, 304 PR 
Private Protective Services, 303 PR 

LICENSING BOARDS 

Cosmetic Art Examiners, 283 PR 

CPA, 73 PR 

Examiners of Electrical Contractors, 151 PR 

Hearing Aid Dealers, 77 FR 

LIST OF RULES AFFECTED 

April 1, 1988, 102 LRA 
May 1, 1988, 137 LRA 
June 1, 1988, 260 LRA 
July 1, 1988, 335 LRA 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 1 1 PR, 67 PR, 254 PR, 281 PR 

Community Assistance, 69 PR 

Environmental Management, 241 PR, 278 PR 

Forest Resources, 68 PR 

Marine Fisheries, 62 PR 

Soil and Water Conservation, 1 1 1 PR 

Wildlife Resources and Water Safety, 111 PR, 282 PR 

REVENUE 

License and Excise Tax, 1 13 FR 
Motor Fuels Tax, 258 FR 



546 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



SECRETARY OF STATE 

Securities Division, 125 PR 

STATE PERSONNEL 

State Personnel Commission, 135 PR, 333 PR 

STATE TREASURER 

Escheats and Abandoned Property, 328 PR 
Local Government Commission, 18 PR 

TRANSPORTATION 

Division of Motor Vehicles, 172 FR, 258 FR 



NORTH CAROLINA REGISTER 347 



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